Were you injured on the job in Charleston, WV? Understanding your rights under West Virginia workers’ compensation law is critical to making a full financial recovery. An experienced Charleston workers’ compensation lawyer at Mani Ellis & Layne Accident & Injury Lawyers can help you fight to recover the money you need and deserve after a workplace injury.
We have over 71 years of combined experience protecting injured workers. In that time, we’ve used our skills and knowledge to recover hundreds of millions of dollars in compensation awards.
Now, we’re ready to stand up and fight for you. Just call our law offices in Charleston, West Virginia, at (304) 720-1000 to schedule a free consultation today.
How Can Mani Ellis & Layne Accident & Injury Lawyers Help With My Workers’ Compensation Claim in Charleston?
Injured workers often encounter many challenges when it comes to recovering workers’ compensation benefits. Whether your employer is challenging your right to workers’ comp or your benefits check doesn’t seem right, our Charleston personal injury attorneys are here to help. We can also help you look into the possibility of filing a lawsuit for additional damages.
At Mani Ellis & Layne Accident & Injury Lawyers, we’ve earned an AV-Preeminent rating for our quality legal services. We’ve also been recognized by Super Lawyers for our successful legal representation.
Hiring our attorneys means you’ll have an advocate to:
- Investigate and identify the responsible party
- Calculate the fair value of your workers’ compensation benefits
- File your initial claim and handle the paperwork
- Handle the appeals process if your benefit claim is denied
- Represent you at any hearings
- Gather evidence to support your claim
- Negotiate with the workers’ compensation board on your behalf
- File a third-party personal injury lawsuit if possible
Having a skilled Charleston personal injury lawyer in your corner can make a huge difference in your case. To learn more about an attorney-client relationship, call us for a free consultation today.
How Common Are Workplace Accidents in West Virginia?
According to data published by the U.S. Bureau of Labor Statistics (BLS), private employers in West Virginia reported 14,800 non-fatal workplace injuries in 2022. West Virginia employers also reported 48 fatal workplace injuries.
Overview of West Virginia Workers’ Compensation Laws
Virtually all employers in West Virginia are required to carry workers’ compensation insurance. Workers’ compensation is a no-fault system that is designed to quickly provide financial assistance and medical help to employees who are harmed by something work-related.
In exchange for benefits, injured workers generally give up the right to sue their employer for damages.
What Do I Have To Prove To Receive Workers’ Compensation Benefits in West Virginia?
You don’t have to prove negligence to receive workers’ comp benefits in West Virginia.
Instead, you must establish:
- You were an employee (independent contractors do not have to be covered by an employer’s workers’ compensation policy)
- You suffered an injury or developed an illness in the course of employment
With limited exceptions, benefits are available to injured workers regardless of who caused the injury or illness.
What Is My Charleston Workers’ Compensation Case Worth?
The value of a workers’ compensation claim depends on several different factors, including:
- The nature of your injuries
- Your average wages prior to suffering the disability
- Whether you can file a personal injury lawsuit in your case
- The length of your recovery period
- Whether you are partially or totally disabled
- Whether you will ever return to work
- Whether your future earnings will be impaired
- The identity of the party responsible for your injuries
More serious injury cases tend to be worth more than claims involving minor injuries. However, workers’ compensation in West Virginia will only cover about ⅔ of your average wages prior to the disability. Your weekly check will also be capped by state law. Regardless of your prior earnings, the current maximum is $1,067.12.
If you have doubts about your case value, it’s always best to consult an experienced Charleston workers’ compensation attorney. Our lawyers will review your case for free and help you understand your legal options for recovering the maximum compensation possible.
What Types of Benefits Does Workers’ Compensation in West Virginia Provide?
While the nature of a victim’s damages will vary from case to case, workers’ compensation benefits in West Virginia include:
- Reasonable medical expenses for hospitalization, doctor’s visits, medications, and more.
- Temporary total disability benefits for injuries that completely prevent a worker from working during recovery
- Temporary partial disability benefits when your earnings are reduced during recovery
- Permanent partial disability benefits when your earnings are permanently reduced due to the injury or you suffer the loss of a body part
- Permanent total disability benefits when a disability prevents you from ever working again
- Mileage reimbursement for travel to and from medical appointments
- Death benefits for surviving dependents of fatal workplace injuries and illnesses
After suffering a workplace injury or illness, getting full workers’ compensation benefits can be critical to your future. Our lawyers are here to help you get the full amount you deserve; just give us a call for a free case review to learn more about your legal rights.
Can I File a Lawsuit for Additional Damages in West Virginia?
Workers’ compensation generally protects employers from lawsuits. There is one limited exception. If you can prove that your employer intentionally exposed you to danger, you can sue for damages. In other words, workers’ comp doesn’t protect employers from intentional wrongdoing.
You may also have the right to sue a responsible third party for damages. Not all workplace injuries are caused by an employer. If a third party caused your workplace injuries or illness, they aren’t protected by workers’ compensation laws.
If your case succeeds, you can seek compensation for non-economic damages in addition to your economic damages, including:
- Medical expenses not covered under workers’ comp
- 100% of your lost wages
- Lost future earning potential
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress
- Anxiety and depression
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
Our lawyers can also help you understand your rights under West Virginia personal injury laws. Just contact our law firm for a free case review today.
How Much Does It Cost To Hire a Workers’ Compensation Lawyer in West Virginia?
Like other personal injury law firms, we work on a contingency fee basis. When you hire our team, you’ll agree to pay us a percentage of your settlement or verdict. While the exact percentage can vary, it’s usually around 33%.
With this structure, you don’t have to worry about paying upfront to hire a lawyer. Instead, you only pay if–and when–your lawyer recovers compensation in your case.
Can I Recover Workers’ Compensation Benefits If I’m Being Blamed for a Workplace Accident in West Virginia?
Yes. You can recover workers’ compensation benefits even if you were responsible for your own injuries.
However, your rights may be limited under state personal injury laws if you share some blame. Under West Virginia’s modified comparative negligence law, you can recover some compensation if you share some blame. However, if your share of fault is more than that of the other responsible parties, you lose your right to damages.
Our Charleston Workers’ Compensation Attorneys Will Fight To Recover Compensation for All of Your Injuries
Our lawyers in Charleston handle all types of workers’ compensation claims, including those where the worker has suffered:
- Broken bones
- Nerve damage
- Back injuries and herniated discs
- Whiplash and other soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Lung damage and other types of internal injuries
- Head and neck injuries
- Concussions
- Back injuries
- Hearing loss
- Eye and facial injuries
- Musculoskeletal injuries
- Occupational diseases and cancer
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Crushing injuries
As a surviving dependent, you also have the right to workers’ compensation benefits if you lost a loved one in a tragic accident. Contact our wrongful death lawyers to learn more about your right to compensation today.
We Handle All Types of Workplace Injury Claims
At Mani Ellis & Layne Accident & Injury Lawyers, we handle cases involving:
- Slip and fall accidents
- Falls from heights and scaffolding accidents
- Motor vehicle accidents
- Trucking accidents
- Construction site accidents
- Fires
- Explosions
- Electrocutions
- Falling objects
- Defective work equipment or tools
- Dangerous property conditions
Regardless of how you were injured, contact our lawyers for a free case review if you have any questions about your rights under state workers’ compensation or personal injury laws.
How Long Do I Have To File a Workers’ Compensation Claim After a Work-Related Accident in West Virginia?
You have six months from the date of your injury or diagnosis to file a claim for workers’ compensation benefits. However, you should notify your employer or supervisor about your injury as quickly as possible.
If you have the right to file a personal injury lawsuit, the statute of limitations in West Virginia is two years. You have two years from the date of the injury to file a lawsuit.
There are exceptions to these time limits for certain cases. Get in touch with our lawyers as quickly as you can for legal help.
Contact a Charleston Workers’ Compensation Lawyer for a Free Consultation
Unfortunately, the workers’ compensation process isn’t always as simple as you’d expect. Our lawyers at Mani Ellis & Layne Accident & Injury Lawyers are here to help you with the entire process. Contact us today to learn more about how a Charleston workers’ compensation lawyer can help you get the full benefits you deserve.
Visit Our Personal Injury Law Office in Charleston, WV
Mani Ellis & Layne Accident & Injury Lawyers
10 Hale St Suite 501
Charleston, WV 25301
(304) 720 1000
Business hours: 24/7
Our Personal Injury law firm in Charleston, WV also provides:
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