Sustaining work-related injuries in West Virginia can interfere with your life in many ways. Your injuries may require costly medical treatment that could be difficult to afford. This is particularly true if you can’t work due to your injuries. Depending on their severity, workplace injuries could even have a long-term negative impact on your quality of life.
You may be eligible to receive compensation for losses resulting from your injuries. However, pursuing compensation while recovering from a workplace injury may be a less-than-appealing chore.
Our Weston personal injury lawyers at Robinette Legal Group, PLLC understand this. We’re on hand to review your case and offer the legal representation you need. Call today for a free consultation about your case.
Common Types of Workplace Accidents
According to the National Safety Council (NSC), the most common types of accidents and injuries in the workplace are:
- Exposure to harmful substances/conditions
- Overexertion accidents
- Falls (like slip-and-falls)
- Accidents resulting from contact/collisions with equipment and other such objects
- Acts of violence
- Accidents involving transportation
Certain types of workplace accidents are more common in certain industries. For example, your odds of sustaining injuries resulting from exposure to harmful substances will depend on the degree to which you work with those substances.
Most Common Workplace Injuries
Based on the NSC’s findings, the most common workplace injuries include:
- Repetitive motion injuries
- Sprains, strains, and other overexertion injuries
- Electrocutions and burns
- Broken bones
- Head trauma
- Spinal cord injuries
Various factors can influence the severity of work-related injuries. For example, a slip-and-fall at ground level may result in a concussion. A fall from a height could result in a spinal cord injury that leaves a worker paralyzed.
What To Do After Suffering an Injury at Your Work in Weston, WV
Injured workers should take the following steps in the immediate aftermath of a workplace accident:
- Get to a safe location if you’re not already in one
- Check yourself for injuries requiring immediate attention
- Report the accident to your supervisor, and don’t say anything suggesting you caused it
- See a doctor, regardless of whether you feel you’ve sustained injuries
If you’re well enough, or after you get back from getting medical care, you should also:
- File an official accident report, and don’t say you think you’re unharmed
- Take photos of the accident scene
- Take photos of your injuries
- Identify witnesses and get their contact information if you don’t already have it
Strongly consider meeting with an experienced work injury attorney shortly after receiving medical attention. A workplace injury lawyer can review your case and explain your potential legal options.
Legal Options for Injured Employees in West Virginia
Your first means of seeking work injury compensation may be to file a workers’ compensation claim. However, workers’ compensation benefits might not cover everything you’ve lost from your workplace injuries.
If someone other than your employer or a co-worker caused the accident, you should ask a workplace injury attorney about a third-party personal injury claim. Filing such a claim on top of a workers’ comp claim can allow you to seek more compensation than you might otherwise recover.
Our Weston, WV, work injury lawyers operate on a contingency fee basis. That means our firm doesn’t charge upfront fees for our legal services. Our fee is an agreed-upon percentage of the compensation we secure for you. We only get paid if we get money for you.
Workers’ Compensation Law in West Virginia
In West Virginia, the law requires virtually all employers in the state to purchase workers’ compensation insurance. Under West Virginia law, employers are only exempt from purchasing workers’ comp insurance in unique circumstances.
Workers’ comp in West Virginia covers medical expenses and related costs. It also provides partial wage replacement when a work-related injury prevents a claimant from working during their recovery. In the case of work-related death, surviving loved ones of the decedent can file a workers’ comp claim for death benefits.
You can receive worker’s compensation benefits without proving negligence. You merely need to show an accident was work-related to be entitled to benefits.
Personal Injury/Third-Party Claims
There are various ways accidents and injuries in the workplace can result from someone else’s actions or carelessness. Consider the following examples:
- You’re driving for work when a speeding motorist causes a wreck that injures you
- You’re performing work at a job site where a property owner failed to warn you about hazardous conditions
- You sustain serious injuries because a piece of safety equipment malfunctioned when used as intended
Filing a workers’ compensation claim prohibits you from filing a personal injury claim accusing your employer of negligence. However, you may still file a third-party personal injury claim against another liable party.
Doing so may allow you to seek compensation for losses that workers’ comp benefits don’t cover. For example, you may have endured pain and suffering as a result of a workplace accident. Workers’ comp doesn’t cover such a loss. However, a personal injury settlement may account for it.
When seeking work injury compensation in this way, you will need to prove that someone else was responsible for your injury. Gathering evidence to prove your case will require conducting an investigation. A workplace injury attorney can handle this task. Work-related injury lawyers can also review your case and determine whether filing a third-party work injury claim is an option in your circumstances.
Deadlines to File a Workers’ Comp or Personal Injury Claim
Don’t wait to take legal action if you believe you’re eligible for compensation due to workplace injuries. Per West Virginia law, you have six months from the time you sustained injuries to file a workers’ compensation claim or three years from the date of your diagnosis or last 60-day exposure if you acquired an occupational illness.
The law establishes a two-year deadline for filing a personal injury lawsuit. Discuss your case with a Weston, West Virginia work injury lawyer now to avoid missing the deadline. You’ll waive your right to compensation if you don’t file your claim or lawsuit on time.
Contact an Experienced Workplace Injury Lawyer in Weston, West Virginia Today
Navigating your legal options and the claims process itself isn’t a task you should handle alone after sustaining work-related injuries. While you rest and recover, a Weston, WV, workplace injury lawyer with Robinette Legal Group, PLLC, can pursue the compensation you may be eligible for. Get started today by contacting us online or calling us for a free case review.