Are you struggling with painful injuries after a workplace accident in Charleston, WV? Have you been left struggling to make ends meet? An experienced Charleston workplace accident lawyer at Mani Ellis & Layne Accident & Injury Lawyers can help. You may deserve compensation for your medical expenses, lost income, and more.
Whether you have questions about your workers’ compensation benefits or are curious about your right to file a lawsuit, call our law offices in Charleston, West Virginia at (304) 720-1000. We offer a free consultation so there’s never any risk in seeking legal guidance.
How Can Mani Ellis & Layne Accident & Injury Lawyers Help After a Workplace Accident in Charleston, WV?
Given West Virginia’s sweeping workers’ compensation law, you’d think recovering compensation for workplace injuries would be easy. In reality, that’s not always true. Your employer-provided doctor might be downplaying your injuries, and your employer may challenge your right to benefits entirely.
An experienced Charleston personal injury attorney at Mani Ellis & Layne Accident & Injury Lawyers can protect your interests. Our skilled attorneys have over 71 years of legal experience. Together, we’ve recovered over $100 million in settlements and verdicts on behalf of injury victims and their families.
By choosing us, you’ll have a legal team to:
- Investigate and determine who is responsible for your injuries
- Collect evidence to prove your injuries were work-related
- Help you secure an independent medical examination
- Make sure your weekly benefit check is accurate
- Evaluate your rights under state personal injury laws
- Handle the paperwork and claims process
- Negotiate on your behalf for a full settlement
- Deal with the insurance companies
- Represent you at all hearings and at trial if necessary
Our Charleston personal injury lawyers work on a contingency fee basis. You won’t pay us until we recover compensation in your case. When we do win compensation, you’ll pay us a set percentage. To learn more, schedule a free, no-risk consultation today with a Charleston work accident lawyer.
How Common Are Workplace Accidents in West Virginia?
Public and private employers across West Virginia reported roughly 15,300 non-fatal workplace injuries to the Bureau of Labor Statistics (BLS) in a recent year. Another 58 fatal workplace injuries occurred that year. More than half of the reported injuries were serious enough to cause the victim to miss work or experience job restrictions or transfers.
Our attorneys in Charleston handle all types of work-related injury claims, including those stemming from:
- Motor vehicle accidents, including car and truck accidents when the victim was on the job
- Slip and fall accidents in the workplace
- Accidents involving falling objects
- Manufacturing accidents
- Warehouse accidents
- Agriculture accidents
- Landscaping accidents
- Construction accidents
- Scaffolding accidents
- Accidents in the energy production industry
- Mining accidents
- Fishing accidents
- Utility accidents
- Electrocutions
- Hospitality accidents, including accidents in hotels, restaurants and bars
Understanding your legal options after a work-related accident is the key to getting full compensation. You could have rights under both personal injury and workers’ compensation laws. Let our lawyers evaluate the details and help you fight for every available cent.
What Is My Charleston Workplace Accident Case Worth?
The value of your case depends on several factors, including:
- Your average weekly wages
- Whether you can earn any income during recovery, and how much
- The length of time before you reach maximum medical improvement (MMI), or the point at which further medical care isn’t expected to improve your condition
- The expected long-term impact of the injury on your future earnings
- Who caused your accident and whether you have a right to file a lawsuit
Currently, the maximum that workers’ compensation can cover is $1,067.12 per week for temporary total, permanent total, and vocational rehabilitation benefits, and $746.99 for permanent partial and non-awarded partial benefits.
What Are My Options for Getting Compensation After a Workplace Accident in Charleston?
With extremely limited exceptions, employers in West Virginia must purchase workers’ compensation insurance. In exchange, they’re protected against lawsuits filed by injured employees. However, you can still sue your employer if they intentionally exposed you to the risk of harm. Filing a claim for workers’ comp benefits will likely be your first step to recovery.
Some injured workers can also file personal injury lawsuits against negligent third parties. If someone else caused your injuries, they can still be held accountable.
For example, assume you were injured in a slip and fall at work, and the building owner’s negligent property maintenance caused the accident. Under that scenario, you may be able to collect workers’ compensation benefits and file a personal injury suit against the building owner.
If someone other than your employer owned the building, you can file a lawsuit for damages just like any other personal injury victim.
What Types of Damages Are Available for Workplace Accident Victims in Charleston?
The nature of your damages will depend on the laws that govern your case and the losses you have experienced.
How Does Workers’ Compensation Work in West Virginia?
Workers’ compensation is a no-fault system. You can file a claim for benefits without proof of liability.
Instead, the following must be true:
- You were classified as an employee in West Virginia
- You were injured or developed a medical condition because of something on the job
- You did not intentionally injure yourself
- You were not intoxicated
Workers’ compensation policies don’t have to cover independent contractors. That said, nearly all employees are covered. The nature of your workers’ compensation benefits depends on your disability.
Potential benefits include:
- Reasonable medical expenses for ER visits, hospital stays, doctor’s visits, medications, and more.
- Temporary total disability benefits to replace a part of your wages if you’re unable to work while you recover
- Temporary partial disability benefits if you can work, albeit at a reduced earning capacity
- Permanent partial disability benefits if you lose use of a body part or your earnings are impaired even after reaching MMI
- Permanent total disability benefits if you’re never able to work again
- Mileage reimbursement to help with travel for medical appointments
- Death benefits for survivors of fatal work accidents
If you have questions about whether your benefits are accurate or need help with the workers’ compensation claims process, call us today. We’ll review your case for free and help you understand your legal options.
What Damages Can I Receive if My Personal Injury Case Succeeds?
If you can prove you were hurt due to a third party’s negligence, you can pursue additional compensation.
Personal injury victims can seek compensation for any accident-related loss. That includes economic and non-economic losses.
Some typical examples include:
- Past and future medical expenses
- Lost wages
- Diminished earning capacity
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
Workers’ compensation benefits aren’t always enough. If you were injured, count on our lawyers to protect any rights you have under state personal injury laws.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in West Virginia?
West Virginia’s modified comparative negligence law won’t impact your workers’ compensation benefits. You should receive the full amount of your benefits even if you share blame.
Under personal injury laws, you can recover a portion of your compensation if your share of fault is less than the combined fault of all other parties. If you were mostly responsible, you lose your right to damages.
Our Team in Charleston is Ready to Fight to Recover Compensation for All of Your Workplace Accident Injuries
At Mani Ellis & Layne Accident & Injury Lawyers, we handle all injury cases, including those involving:
- Broken bones
- Concussions
- Vision or hearing loss
- Shoulder injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Knee and leg injuries
- Internal injuries and organ damage
- Occupational diseases
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
After a workplace accident, it’s important to take several immediate steps. First, seek medical attention. Notify your employer as quickly as possible and follow any instructions they give you. Follow doctor’s orders and contact an experienced attorney to learn about your legal rights.
What Causes Most Workplace Accidents in Charleston?
Workplace injuries are caused by many situations, including:
- Dangerous property conditions
- Negligent drivers
- Defective tools or equipment
- Lack of proper safety equipment
- Missing guardrails
- Failure to train and supervise employees
- Negligent security
- Communication failures
- Overworked employees
Injuries often occur when someone cuts corners to save time or maximize their own profits.
How Long Do I Have to File a Lawsuit After a Workplace Accident in West Virginia?
You should always notify your employer quickly if you were involved in a workplace accident. You have six months from the date of your injury to file a formal workers’ compensation claim. That said, the sooner you file your claim, the sooner you’ll start to receive benefits.
Under West Virginia personal injury laws, you have two years from the date of an accident to file a lawsuit against a negligent third party.
Contact a Leading Charleston Workplace Accident Lawyer for a Free Consultation
You don’t have to stand up to your employer and their insurance company on your own. Call Mani Ellis & Layne Accident & Injury Lawyers and get help from a trusted legal team. An experienced Charleston workplace accident lawyer can help you maximize your financial award.
