Morgantown Workplace Injury Lawyer
The physical, mental, and financial challenges you face after a severe workplace injury can feel overwhelming. The pressures of supporting yourself and your family are more than enough to take up your time and energy.
Fortunately, seeking the recovery and compensation you desire does not have to be. A Morgantown workplace injury lawyer could help you every step of the way. An experienced personal injury attorney in your area could apply their extensive legal knowledge to your case and make the process smoother and less stressful.
“Mandolidis-Type” Workplace Injury Claims
When employees take a position at a job that offers workers’ compensation insurance, they waive their right to file a lawsuit for workplace injuries. However, West Virginia enacted a deliberate intention exception for “Mandolidis-type” claims under West Virginia Code §23-4-2, allowing employees to sue their employer under limited circumstances. The name Mandolidis stems from a court decision which gave rise to this new interpretation of the workers’ compensation law.
There are two main exceptions. Under the first exception, an employer may be held liable for damages in court if they deliberately intended to produce the result of injury or death to their employee. Under the second exception, employers can be held liable if plaintiffs prove the following five-part test:
- There was an unsafe working condition that created a high risk and strong probability of serious injury or death
- The employer had knowledge of the risks
- The unsafe conditions were in violation of the law or safety codes
- The employer exposed the employee to the unsafe condition
- The employee suffered a serious injury or death as a result
Third-Party Liability in Morgantown
An injured employee in Morgantown may also file a lawsuit against a third-party in some situations. Injuries caused by manufacturers, independent contractors, and other third parties that are not employers or coworkers may not be covered under workers’ compensation. If a third-party causes a serious bodily injury to a worker through negligent or reckless actions or omissions, they could be liable for economic and noneconomic damages in court.
Workplace Disability Benefits in Morgantown
If a Morgantown worker pursues workers’ compensation, there are a variety of benefits available depending on the injuries. There are five general categories of disability benefits:
- Temporary total disability
- Temporary partial rehabilitation benefits
- Permanent partial disability benefits
- Permanent total disability benefits
- Death benefits
Injured workers who are recuperating from injuries that completely prevent them from working for a limited amount of time may seek temporary total disability benefits. Workers could receive two-thirds of their weekly wage until they return to work, up to a maximum of 104 weeks of benefits. Temporary partial rehabilitation benefits in West Virginia are given to those who earn less than they did before the injury and are currently in rehabilitation.
Permanent partial disability occurs when a worker is permanently injured and can no longer work in the same capacity as they could before the incident. Permanent total disability benefits could be sought by workers who are permanently injured and completely unable to work again. Common examples include a loss of a limb or multiple extremities. Death benefits could be paid to a worker’s surviving spouse, children, others after a fatal workplace injury or illness.
How a Morgantown Workplace Injury Attorney Could Help
There are laws and standards in place to protect you and your family from unfortunate injuries and illnesses that happen on the job. Depending on your circumstances, you might be able to recover for your medical expenses, pain and suffering, and more. A Morgantown workplace injury lawyer could inform you of the processes that you could help lead protect your family’s financial future. To start exploring your options, call now and schedule a consultation.