Monongalia County Workplace Injury Lawyer
You work each day to provide for yourself, your family, and your greater community. A serious injury or illness could put a halt to your ability to provide and function the way you did before.
A seasoned Monongalia County workplace injury lawyer could review the circumstances of your case and help you determine your options. Seeking relief on your own could leave you at a disadvantage against opposing lawyers and administrative judges. With an experienced personal injury attorney by your side, you could be at peace knowing that you have legal professional fighting for you and guiding you along the way.
Worker’s Compensation Eligibility and Benefits
West Virginia Code §23-2-1 discusses which types of employers are not required to carry workers’ compensation insurance. By statute, the following employees in Monongalia County may not be covered by workers’ comp:
- Professional sports employees
- Federal employees
- Casual employees
- Church workers
- Volunteer police
- Five or less employees working in agricultural services
Workers who are eligible for workers’ compensation must file a claim within six months of their injury or illness. Available benefits include medical treatment, lost wages, and payments for disability. There are five categories of disability benefits: temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, and death benefits.
Seeking Legal Recovery for Workplace Injuries in Monongalia County
In most cases, if a worker is covered by workers’ compensation insurance, they may not file a lawsuit to seek legal recovery. However, West Virginia provides two exceptions under the “deliberate intent” rule, also known as “Mandolidis-type” claims. Under the first exception, an employer who intentionally causes harm to an employee could be sued for personal injuries.
Under the second exception, a Monongalia County employer could be sued if it callously disregarded the health and safety of its employees. The following factors are used by the court to determine whether an employer had a callous disregard for employee health and safety:
- An employee suffered an injury or death
- Employees were exposed to unsafe conditions
- The unsafe conditions violated a law or violated safety standards
- The employer knew about the unsafe conditions
- An unsafe condition presented high degrees of risk of serious injury or death
Injured workers who are not covered by workers’ compensation may be able to bring a personal injury action against their employers based on negligence. An employer would be considered negligent if they owed a duty to the employee to protect them from unreasonable risk of harm, breached that duty of care, and the breach caused the employee harm.
Contact a Monongalia County Workplace Injury Attorney Today
Whether you are seeking workers’ compensation for your disability or you are fighting for your legal recovery in court against your employer, a Monongalia County workplace injury lawyer might be able to guide you through the process. It could be frustrating and distressing to seek compensation without professional assistance.
A local personal injury attorney could keep you informed and help handle pesky deadlines and filing requirements so that you could focus on healing during this difficult time. To start exploring your options, call now and schedule a consultation.