Clarksburg Workplace Injury Lawyer
So many risk their life and limb to provide for their families doing dangerous jobs each day. Unfortunately, many hardworking people in Clarksburg experience serious injuries and illnesses in the course of their employment. In 2017 alone, over 800,000 occupational injuries and illness resulted in missed workdays in the United States.
If you were one of the many workers who have been harmed while doing your job, you might be entitled to compensation and legal recovery. However, fighting for relief on your own could be a daunting task. A dedicated Clarksburg workplace injury lawyer could provide guidance and support during your journey. To discover your legal options, reach out to an experienced personal injury attorney near you.
Defining Workplace Injuries and Illnesses
A work-related injury or illness is a condition that arises during the scope and course of employment. Duties, activities, and events that are carried out pursuant to an employer’s orders or sanction fall under this definition. Most times, these injuries occur at the workplace. For example, an employee may become injured during a forklift accident at the job site.
However, workplace injuries could occur in places other than the workplace itself. Injuries suffered while carrying out an offsite duty would be considered work-related if they occurred during the scope of employment. Getting injured while driving a company car or truck when carrying out work-related duties could also be considered a workplace injury in Clarksburg.
Filing for Workers’ Compensation Benefits
Employees in Clarksburg who suffer injuries during the scope of employment are required to follow specific guidelines and deadlines for filing a workers’ compensation claim. It is important to note that not all employees are covered by workers’ compensation. West Virginia Code §55-2-12 states that the following professions and occupations may not be covered by workers’ compensation in West Virginia:
- Volunteer policeman
- Federal employees
- Sports professionals
- House workers
- Church workers
- Employees of agricultural businesses with five or fewer workers
The vast majority of workers who are covered by workers’ compensation insurance are required to file their claim within six months of the date of injury or illness. If a workers’ compensation claim is denied, employees could file a written protest with the Workers’ Compensation Office of Judges. A written protest must be made within 60 days of the date the denial was received.
If an administrative law judge makes a decision denying the workers’ compensation claim, workers may also appeal to the Board of Review within 30 days of the notice of the administrative law judge’s final decision. If there is still no success, the last resort would be to file an appeal to the Supreme Court of Appeals within 30 days of the Board of Review’s decision.
Seeking Legal Recovery for Workplace Injuries in Clarksburg
There are circumstances in which workers’ compensation either does not apply or does not provide sufficient compensation. When an employee suffers a serious workplace injury in Clarksburg that was caused by someone other than their employer or coworker, they may file a third-party claim against them to seek damages in court.
West Virginia has also instituted the “deliberate intent” exception for “Mandolidis-type” claims, which allow employees to sue their employer directly in limited circumstances. If the employer callously disregarded unsafe work conditions that lead to an employee’s injuries, they may be sued. An employer may also be sued if they deliberately and consciously intended to injure or kill an employee.