Workplace accidents are a common occurrence across the country, including in West Virginia. While not every accident results in severe injuries, some can lead to catastrophic conditions that can have a significant impact on an individual’s life. If you have been involved in a workplace accident in West Virginia, you may be entitled to compensation.
Table of Contents
Understanding Workers’ Compensation Laws in West Virginia
West Virginia is a state that requires employers to provide compensation to employees who suffer a workplace accident or injury. Workers’ compensation laws exist to ensure that employees receive medical expenses and lost wages benefits promptly. However, under these laws, employees generally cannot file lawsuits against their employers for work-related injuries.
Exceptions to Workers’ Compensation Laws
There are exceptions to the workers’ compensation laws in West Virginia that allow for lawsuits against an employer in certain scenarios. If an employer deliberately causes an injury or illness, the employee has the right to sue for damages. Employers can be sued for intentional actions, including failing to train employees properly or deliberately putting employees in dangerous situations.
Filing a Personal Injury Claim
If you have been injured in a workplace accident in West Virginia, your first step should be to report the accident and injury to your employer. This step is critical because workers’ compensation claims have strict deadlines.
If your employer carries workers’ compensation insurance, you will likely receive medical benefits and lost wage benefits through that insurance. However, if you need additional compensation for other losses, such as pain and suffering, you may be able to file a personal injury claim.
Steps to Take When Filing a Personal Injury Claim
If you decide to file a personal injury claim, you will need to prove that your employer was at fault for your injuries. This process involves gathering evidence to support your claim. Some steps to take after an accident are:
Seek medical attention: Your health is the priority. It is imperative to take care of your injuries by getting prompt medical attention.
Report the incident to your employer: Report the incident to your employer in writing, as it is important to have a paper trail.
Document the scene of the accident: Take photographs of the scene of the accident and any visible injuries.
Gather reports and witness statements: Get contact information of any witnesses to the accident and request copies of any official reports, including the accident report.
Statute of Limitations in West Virginia
Statute of limitations refers to the period during which a claim must be filed. West Virginia has a strict statute of limitations for personal injury claims. Personal injury claims must be filed within two years from the date of the accident, or the injured person may lose their right to file a claim.
Conclusion
If you have been injured in a workplace accident in West Virginia, it is advisable to speak with an experienced personal injury attorney who can help you navigate the complexities of the law. An attorney can help you determine if you are entitled to compensation beyond workers’ compensation, file a personal injury claim, and ensure that you receive the compensation you deserve.