Harrison County Workplace Injury Lawyer
If you are struggling to overcome the difficult effects of a serious workplace injury, you probably have enough on your plate. The pressure of recovering physically and financially can be overwhelming, especially if you are fighting for workers’ compensation or legal recovery.
Legal assistance and insight from a Harrison County workplace injury lawyer could help alleviate your stress. A dedicated personal injury attorney could help educate you on the processes and procedures of seeking relief. They could review the facts of your workplace injury and help you determine your options for moving forward.
The Deliberate Intent Exception
In exchange for getting workers’ compensation insurance coverage, employees waive their right to sue their employers for an injury. However, West Virginia has enacted a set of exceptions that allow employees in Harrison County to sue their employer even if workers’ compensation covers them.
Under the “deliberate intent” exception, codified in West Virginia Code §23-4-2, an employee may hold their employer liable in court for damages, despite having workers’ compensation immunity, under two exceptions. Under the first exception, an employer could be held liable if they acted with conscious and deliberate intent to cause injury or death to the employee.
The second exception imposes a five-part test which must be satisfied to hold an employer liable. The five-part test, if proven, shows that the employer was aware of unsafe working conditions which lead to the plaintiff’s injury.
Seeking Recovery for Workplace Injuries in Harrison County
There are several different pathways to compensation after a workplace injury in Harrison County, depending on the circumstances. Employees might be covered by workers’ compensation insurance, which could potentially pay for lost wages and medical expenses. Workers’ compensation claims must be filed within six months of the workplace injury or illness. If the workers’ compensation claim is denied, injured employees may appeal the decision and have it reviewed by an administrative judge.
If the employer does not provide workers’ compensation insurance, injured workers may file a personal injury action to seek damages. Under West Virginia Code §55-2-12, workers must file their personal injury case within two years of the incident. In such cases, an employee might have to prove that the defendant was negligent. To show that an employer was negligent, the plaintiff must show the following four elements:
- Duty of care
- Breach of duty
Plaintiffs may also file a third-party liability claim. A third-party liability claim could arise when a party other than the employer causes a workplace injury to occur. Independent contractors or product manufacturers could be examples of third-parties. Employees injured by a third-party at the workplace may file a claim to recover economic and noneconomic damages that would normally not be covered by workers’ compensation.
Consult a Harrison County Workplace Injury Attorney Today
If you were injured on the job, you might benefit from the guidance of a Harrison County workplace injury lawyer. Seeking compensation after an injury can be complex and confusing for unrepresented victims. Fortunately, the knowledge and experience of a legal professional could help aid you in your fight for recovery. To learn more about your options, call now for a consultation.