Thousands of West Virginia workers suffer on-the-job injuries every year, leading to intense pain, high medical bills, and emotional and financial stress. According to the U.S. Bureau of Labor Statistics, 14,800 West Virginians were hurt in non-fatal accidents on the job in a recent year.
In rare cases, these injuries result from intentional action on an employer’s part, and injured workers have grounds to file a lawsuit against their employers to pursue fair compensation. But how much can you get for suing your employer, and is it worth suing your employer after an accident?
When Can You Sue Your Employer for a Workplace Injury?
In West Virginia, you generally cannot sue your employer for work-related injuries – you must file a workers’ compensation claim. However, state law says there are exceptions where an injured worker can take legal action against their employer. You can file a personal injury lawsuit if your employer intentionally caused your injury or if your injury resulted from a deliberate intention. This means the employer must have acted with a specific, deliberate intent to cause harm.
Additionally, you can seek to recover compensation if a specific unsafe working condition existed, the employer knew about it, and still exposed you to it, leading to your injury. These situations require proof of the employer’s deliberate actions or knowledge of the danger.
How Much Can I Get if I Sue My Employer in West Virginia for an Injury?
Your compensation for a work-related injury depends on your injuries, medical bills, lost income, and other factors specific to your situation. However, an experienced and dedicated lawyer can help you seek compensation for many of your losses, including money for:
- Past and future medical expenses related to your injury
- Lost income while you heal from your injury
- Reduced future earnings if your injury leads to a long-term disability
- Diminished quality of life
- Pain and suffering
- Emotional distress
- Damaged personal property
How Much Does It Cost to Sue a Company?
Most work injury lawyers work on contingency, which means you don’t pay them any upfront legal fees to handle your work injury claim. Instead, your lawyer only gets paid if they win your case. If you win, your lawyer’s fee is a percentage of whatever compensation you recover. This fee structure allows you to obtain quality legal representation without worrying about upfront costs.
Will Suing My Current Employer Ruin My Chances of Getting Employed Elsewhere in the Future?
Worrying about future job prospects after suing your current employer is understandable. While some employers may view a lawsuit negatively, others respect employees who stand up for their rights. It’s also crucial to know that retaliation for filing a legitimate legal claim is illegal. Focus on explaining your situation honestly during job interviews, highlighting your commitment to workplace safety and fairness. Taking a stand for your rights shows strength and integrity, which are qualities that many employers admire.
Contact Our West Virginia Work Injury Lawyers for a Free Consultation
While suing your employer for a job-related injury is challenging, that does not mean you should let your employer disregard your rights. The West Virginia work injury attorneys at Robinette Legal Group, PLLC, can help you hold your employer accountable if they violated your rights and intentionally caused an on-the-job injury. Call our legal team today or complete our contact form for a free initial consultation with a West Virginia work injury lawyer.
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