Employees suffer injuries at work every day all across the country. Many people in West Virginia have some of the most dangerous jobs in the world: coal miners, gas drillers, and construction workers, to name a few. Sometimes, people suffer minor injuries on the job, but many times, the injuries are serious and require significant medical treatment. In addition to receiving treatment, many people are hurt or disfigured to the point where they cannot work again, either temporarily or permanently.

If you or a loved one has suffered an injury in the workplace such as an excavation injury, it is essential to consult with an experienced attorney who can help guide you through the process of a job-related injury compensation claim. At Robinette Legal Group, PLLC, we have the knowledge and resources at our disposal to help you from start to finish. Call us today at (304) 594-1800 to schedule your free case consultation with one of our attorneys.

Why Choose Robinette Legal Group, PLLC

At Robinette Legal Group, PPLC, we are dedicated to our clients and helping them achieve the best outcome for their claim. Our attorneys intentionally limit the cases we take so that we can provide personalized attention to each of our clients and make sure their needs are met throughout the entire legal process.

We also offer free consultations, so we can answer any questions and concerns you may have prior to filing a claim or hiring an attorney. In addition, we take all cases on a contingency fee basis, meaning you do not owe us any money until you are fully compensated for your losses. As a firm, we have the resources to hire medical experts as well as financial experts who can calculate the economic damages your workplace injury has caused you. This calculation includes past, present, and future lost wages. Our experienced attorneys will also hire experts who are skilled in evaluating specific workplace environments. Most importantly, we will make sure you are heard and that the final settlement amount is one that meets your needs, in the present day, but also, in the future.

Why You Need A Lawyer

If you were injured on the job, you may be entitled to workers’ compensation. However, especially in cases involving severe injuries, workers’ compensation benefits may not be enough. In these cases, it is in your best interests that you work with an attorney. Recent tort reform laws in West Virginia have significantly eroded workers’ rights. As a result, you cannot hold your employer accountable for damages above the dollar amount of benefits paid by the workers’ comp insurance unless you can prove the employer acted with deliberate intent. This can be quite challenging to prove.

In other words, your employer can put you in harm’s way by violating safety regulations, not providing proper training, and being negligent or careless. So long as there is no deliberate intent on the employer’s end, they are not liable. Providing proof of that deliberate intent is where a lawyer’s services are required.

Deliberate Intent

In order to hold your employer accountable and receive damages that might exceed your standard workers’ compensation benefits, you must show that your employer’s action or inaction fulfills the deliberate intent statute. West Virginia provides two ways to prove a deliberate intent claim.

  • You must prove that your employer intended to cause your injury, OR
  • You must prove the following elements:
    1. There were specific unsafe working conditions that presented a high degree of risk and a strong probability of serious injury or death;
    2. Prior to the injury, the employer had actual knowledge of unsafe working conditions. They were aware of a high degree of risk and the strong probability of serious injury or death created by the specific unsafe working conditions. The unsafe conditions were a violation of the law or commonly accepted and well-known safety standards;
    3. The employer intentionally exposed the employee to the specific unsafe working conditions; AND
    4. The employee suffered serious injury or death.

You may also be able to sue a third party who is responsible for your injury, even if they are not your employer. Some examples of third parties that could be held liable in construction site accident cases include the following:

  • Manufacturers and installers
  • People or companies who manufacture and distribute dangerous chemicals
  • Vendors or Subcontractors hired by your employer

What Is Actual Knowledge?

According to West Virginia’s deliberate intent statute (┬º23-4-2), actual knowledge must be proven and shall not be deemed or presumed.

  • Actual knowledge may be shown by evidence of intentional and deliberate failure to conduct an inspection, audit, or assessment required by state or federal statute or regulation. Additionally, such inspection, audit, or assessment must be specifically intended to identify each alleged specific unsafe working condition.
  • Actual knowledge cannot be established by proof of what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent.
  • You can only prove the immediate supervisor or management personnel’s knowledge of prior accidents, near misses, safety complaints, or citations from regulatory agencies, by providing documentary or other credible evidence.

What Compensation Can You Recover?

In a personal injury claim, you may be able to recover two types of compensation: economic and non-economic damages. Economic damages are the monetary losses you suffer from an injury and can include lost wages from the past and future, medical bills from the past and future, rehabilitation, and lost earning capacity. Non-economic damages are not as easy to measure and are intended to compensate you for the intangible losses you endured and continue to endure as a result of your injury. They can include pain and suffering, loss of enjoyment, and emotional anguish.

Call Today for a Free Consultation

If you were injured on a construction site and are in need of an attorney in Morgantown, Robinette Legal Group, PLLC is here to help. While we cannot take away your injury or pain, our attorneys can help you recover the compensation you need to support yourself financially in the present and future. With our experience and resources, we will have expert reports and testimonies that will support your claim and greatly help you maximize your recovery of damages. Call us today or visit our contact page to schedule your free case consultation with one of our attorneys.

Call us today to find out how we can help you.

case results
Our Case Results

Crushed Leg Injury

Imagine having your leg crushed so badly in an accident that you have to undergo two surgeries to insert multiple pins and have a rod hammered into the bone just to stabilize the femur. Unfortunately, the first rod inserted into the bone didn’t accomplish the desired effect, so the rod had to be removed and surgically reinserted. Imagine the great pain, the months of therapy and recovery, and the frustration of knowing you can never return to the type of work you have performed for decades.

Jeff Robinette was able to obtain a great enough settlement to pay this man’s medical bills in their entirety and money enough to start a new business so he could work and live a productive life even with his permanent impairment.

Brain Injury

While timbering in WV, a heavy equipment operator sustained a permanent brain injury while performing the duties of his job. What price can you put on the loss of a fully functioning, fully reasoning brain? Jeff Robinette was able to negotiate a settlement that was annuitized to provide for this man for the rest of his life.

Crushed Foot Injury

While working in Morgantown, WV for a large national retailer, our client, a young woman in her early twenties, was ordered to use equipment that she was not properly trained to use. In the course of attempting to complete her task, she sustained a severe crush injury to her foot. Due to this incident, our client lost full use of this foot for the rest of her life and was living with chronic, persistent pain.

Our firm was able to obtain a sizable settlement which took care of all her medical bills and future treatment for her foot injury. The settlement was ample enough to allow this young woman to go back to college and retrain for employment which will accommodate her permanent disability.


Our Awards and Certifications

Jeffery Robinette
Jeffery Robinette
Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
star rating
Attorney Robinette was able to secure a settlement that allowed us to have our home repaired and to recoup the fees we paid.
Home Construction Dispute Client
We were very fortunate to have him to represent us.
Former Client
Lawsuit and Dispute Case Client
He is diligent and thorough. He is also compassionate and is wise.
Former Client
Construction Legal Matter Client

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