If you have been injured in a recent workplace accident, you probably have questions about who is responsible and how you can recover financial compensation. At Robinette legal group, we have years of experience representing injured workers in Morgantown and throughout West Virginia. We understand exactly how to handle these cases and meet clients’ needs.
Find out how we can help you with a work injury claim today. We offer free consultations and operate on a contingency fee basis, meaning you will only pay our fees if we win.
Why You Need to Hire a Work Accident Attorney
Going up against your employer, an insurance company or another powerful defendant is difficult if you are unrepresented. Insurance companies often try to use tactics to devalue claims and avoid full payouts, such as wrongfully denying valid claims. An attorney can help you combat these tactics and fight for maximum financial compensation for your present and future losses. In addition, with a lawyer by your side, you can focus fully on healing from your injuries rather than dealing with the stress of the legal process.
What Are the Most Common Work Accidents in Morgantown?
A work accident can refer to any incident that gave you an injury or illness while performing the duties and tasks related to your occupation. Work accidents can take place on work property, such as in an office or on the factory floor, as well as outside of the office. The most common incidents and injuries in your workplace will depend on your industry and type of work.
In general, however, the following work accidents send the most employees to hospitals in Morgantown each year:
Work-related accidents can cause serious and even fatal injuries, such as muscle strain, bone fractures, lacerations, traumatic brain injuries, back and spinal cord injuries, disk herniation, internal injuries, serious illnesses, loss of sight or vision, and permanent disability.
What Are Your Options for Compensation?
Recovering financial compensation for a work accident can allow your family to pay off medical bills, make up for lost wages, and move forward. It is important to fully understand all of your legal options for financial compensation before saying yes to a deal or settlement. Once you accept a settlement, you generally cannot reopen your case or renegotiate for a better value.
The three main options for financial recovery after a work accident in West Virginia are:
Workers’ compensation claim. The workers’ compensation system gives employees in West Virginia an outlet for recovery that does not require proof of fault. You do not have to establish your employer’s negligence to receive benefits through workers’ compensation.
Liability suit against your employer. If you believe your employer is to blame for your accident or injury, a liability lawsuit against the company could result in greater compensation than workers’ comp. With this option, however, it is up to you or your lawyer to prove that your employer is liable.
Third-party lawsuit. If someone other than your employer carelessly or recklessly caused your work accident, you may be able to recover through both workers’ compensation and a third-party liability lawsuit.
The recovery option that is right for you depends on the circumstances of your accident. You can review all of your options in more detail with an experienced workplace accident attorney in Morgantown for more information.
What Damages Are Recoverable?
The legal term for financial compensation is damages. When determining the value of your case, you must analyze the costs you have already accumulated, as well as your foreseeable expenditures. You must also take into account the available damages based on the recovery option chosen.
A West Virginia workers’ compensation claim can pay the following benefits:
Full medical coverage
Two-thirds of lost wages, up to the state’s cap
Temporary or permanent disability benefits
A personal injury lawsuit, on the other hand, can reimburse you for:
Full medical coverage
100 percent of your lost wages
Lost future capacity to earn
Physical pain and suffering
Mental trauma or emotional distress
Lost quality of life
A personal injury lawsuit has the potential to compensate you better than a workers’ compensation claim. This is why it is important to discuss all of your legal options with an attorney before accepting a settlement. The value of your work accident claim will depend on many different factors, including the severity of your injuries, your prognosis for recovery, and your income level.
What Is the Statute of Limitations?
A statute of limitations is an important law you need to know if you plan on filing a work injury lawsuit in West Virginia. This law imposes a strict deadline on your ability to file an injury claim. In West Virginia, all claimants have no more than two years from their accidents to file personal injury lawsuits.
If you plan on filing a workers’ compensation claim, you must notify your employer of the accident within 30 days. Then, you have six months from the date of your accident to submit a workers’ comp claim. This deadline extends to three years from the date of your injury or illness diagnosis, if this is after the date of the accident, or three years from the last exposure to a hazard that caused an illness.
With only a few exceptions, if you miss your statute of limitations in West Virginia, the courts will refuse to hear your case and you will give up your right to recover. Contact a work accident lawyer in Morgantown as soon as possible to meet your time limit.
Were You Injured in a Work Accident? We Can Help
If you are struggling with an injury or illness that you suffered at work, the right lawyer can help. Our attorneys at Robinette Legal Group have decades of experience. If your employer or another party failed to prevent your work accident, we can represent you during a workers’ compensation insurance claim and/or a personal injury lawsuit.
Please contact our Morgantown work accident attorneys today to learn more during a free initial consultation. Contact us by clicking here or calling (304) 594-1800 anytime. We care about injured workers in West Virginia and can ensure your family has everything it needs.