Beckley Workplace Injury Lawyer

Beckley Workplace Injury Attorney

If you have been injured at your workplace due to employer negligence, it can be tempting to push through it to avoid a disruption to your regular wages. However, working through injuries can exacerbate them, worsening your health and jeopardizing your safety. You should not have to forfeit necessary wages and compensation while you recover from your injury. An experienced Beckley workplace injury lawyer can help you explore your legal options.

Common Workplace Injuries

Although employers are required to take preventative safety measures in the Beckley workplace, injuries can still occur. Some of the most common workplace injuries are:

• Repetitive stress
• Slip-and-fall
• Overexertion
• Exposure to dangerous substances
• Machine and vehicle accidents

The occupations with the highest number of workplace injuries are service, transportation, and moving jobs. The occupations with the lowest reported workplace injuries are in science, technology, and engineering.

Steps to Take After a Workplace Injury

When dealing with a workplace injury claim, proper documentation is crucial. Take photos, gather all evidence of medical care you received, and create a written account. This may seem extravagant, but this precaution can help create a stronger case for you should you pursue an injury claim with your employer. Some important steps you should take include:

• Report the injury to your employer. It is important to report your injury to your employer immediately. Not doing so may jeopardize your ability to file a claim or your claim’s validity.
• Consult with a medical professional. Your health and well-being is a priority. Meet with a healthcare professional to assess the extent of the damage. Document all costs and diagnosis information.
• You have two years to file the claim. This is known as the statute of limitations, and it starts from the date of the injury.

How Do We Win Workplace Injury Claims?

In a workplace injury claim, proving negligence is key. You must prove that your employer or the conditions of the workplace were the direct cause of your injury in order to qualify for workplace injury compensation. However, if you are partially responsible for the injury you sustained, you cannot collect damages. Absolving themselves of responsibility by blaming the employee is a common method of defense for employers.

An experienced workplace injury attorney can help you collect evidence through your workplace and medical documentation. We can analyze the facts of your case and build a strong claim that prioritizes your needs for a full recovery.

What Is the Difference Between Personal Injury Claims and Workers’ Compensation?

There are two types of compensation you can collect as an injured employee: workers’ compensation and personal injury compensation. To ensure you receive fair compensation, make sure you are making the correct filing.

Workers’ compensation is what you might collect if you sustained an injury at your job that was not caused by negligence or due to the fault of your employer. Workers’ compensation is a no-fault claim, meaning you cannot file a personal injury claim against your employer. Workers’ compensation policies are set up to protect employers.

Personal injury claims can be filed when your injury was the result of negligence from your employer. These claims yield a different set of requirements to file and can warrant higher compensation values. Although you may not file a personal injury claim against your employer while filing for workers’ compensation, you might be able to file a personal injury claim against a third party whose negligence caused your workplace injury. Some examples of this would be:

• If the usage of a third-party manufactured device or machine resulted in your injury, you could file a personal injury claim against the company that manufactured it while still seeking workers’ compensation from your employer.
• Filing a personal injury claim against a specific person at your workplace whose actions resulted in your injury.

Why You Might File a Personal Injury Claim

Many people may choose not to report their injuries due to anticipated financial loss or retaliation from their employers. For injured workers who do not have the support system and advocacy of a workplace injury lawyer, it can be daunting to file a claim against your employer. Remember, you do not have to do this alone. Having aggressive legal advocacy can make a world of difference.

FAQs

Q: Can You File a Claim Against Your Employer in West Virginia?

A: Yes, you can file a claim against your employer in West Virginia for a workplace injury. You should work with an attorney to prove your workplace injury was the direct result of your employer’s negligence. Keep in mind that you may be better suited to reap workers’ compensation benefits if your injury was not the result of your employer’s negligence, and in doing so, you may not qualify to file a personal injury claim.

Q: Can I File a Claim Against My Employer for Emotional Distress in West Virginia?

A: Yes, you could file a claim against your employer for emotional distress in West Virginia if they are at fault. However, emotional distress is often overlooked and discounted as a character flaw rather than a serious injury. You might have difficulty proving the employer’s fault for your emotional distress without the guidance of a workplace injury attorney. For these matters, it is especially wise to consult with an attorney.

Q: What Are the Rights of Employees in West Virginia?

A: As an employee in West Virginia, you have the right to file a personal injury claim or seek workers’ compensation against your employer for workplace injuries. While you seek compensation for your injuries, your employer is prohibited from failing to reinstate you as an employee following your recovery. Your employer cannot terminate you while you are injured and unable to work.

Q: What Makes an Employer Negligent?

A: When an employer is negligent, it means there was deliberate intent to harm an employee or put an employee in harm’s way. This can be difficult to prove, but it is not impossible. Intent can be an employer refusing to address a hazard in the workplace that had already been reported.

The Team at Wooton, Davis, Hussell & Johnson, PLLC

To discuss the terms of your claim, contact a Beckley workplace injury attorney from Wooton, Davis, Hussell & Johnson, PLLC, as soon as possible. We can help you take the first steps in your workplace injury claim.