Worksites can be dangerous places. Heavy machinery, hazardous chemicals, and dangerous situations can cause workers to get hurt on the job. Unfortunately, these individuals don’t always get the compensation they deserve. Whether the injury was caused by negligence, repetitive motions, or a catastrophic accident, identifying the liable party is the first step toward fair compensation.
The Prim Law team of personal injury attorneys is ready to assist with your claim. We have helped many West Virginia victims pursue compensation after workplace injuries. Whether you’re dealing with a disease from toxic chemicals or a permanent disability, we can help you understand your legal options. To start discussing your case, call our office in Hurricane, West Virginia, at 304-201-2425 or fill out our online form.
Types of Workplace Injuries
There are several different types of workplace injuries, and they can vary in terms of severity.
Many industries require employees to use or be exposed to toxic chemicals. Mines, power plants, mills, manufacturing plants, and industrial sites can all contain toxic substances.
Employees can be exposed to these chemicals through spills, manufacturing byproducts, or construction accidents. In many cases, workers breathe in dangerous fumes on a daily basis for years, simply due to their presence at the job site.
Exposure to dangerous chemicals, whether through a one-time incident or years of low-level interaction, can have devastating consequences. Toxic chemicals can cause several illnesses:
- Lung disease and asthma
- Parkinson’s disease
- Organ failure
- Brain and nerve damage
Sometimes, clients don’t know exactly which dangerous chemicals caused their condition. At Prim Law, we keep a database of harmful chemicals and the health issues they cause. We help workers figure out the source of their illness and pursue damages from the liable parties.
Construction sites, mills, and manufacturing plants are common places for slip and fall accidents. Premises accidents don’t just happen to workers; sometimes site visitors can sustain serious injuries after falling due to unsafe conditions.
Property owners are responsible for keeping their buildings, grounds, and construction sites safe. If you are injured because the property owner allowed unsafe conditions, you could pursue compensation in the form of a premises liability lawsuit.
According to the National Institute for Occupational Safety and Health, musculoskeletal disorders, including repetitive strain injuries (RSIs), are a significant threat to workplace health and safety. Sometimes called repetitive stress injuries, these conditions are caused by repeating the same motion for long periods of time.
Some common actions that can use RSIs are typing, using power tools, driving machinery, and working on an assembly line. Whenever a person repeatedly makes the same motions consistently, it can lead to an RSI. Some of the most well-known RSIs are
- Tennis elbow
- Carpal tunnel syndrome
Many RSIs affect the neck, shoulders, arms, and hands, but other areas of the body can be injured as well. Symptoms can include swelling, tenderness, pain, stiffness, weakness, and numbness.
Injuries due to negligence
Some workplace injuries occur due to an employer’s negligence or willful ignorance. Employers are responsible for creating a safe working environment for their employees, but they do not always take the time to find and correct unsafe conditions. Employees who are injured due to their employer’s negligence may receive workers’ compensation benefits.
Catastrophic injuries can lead to permanent disabilities or even death. These types of injuries may occur anywhere, especially on construction sites, in manufacturing plants or industrial warehouses, or at power plants. Generally, catastrophic injuries are those that affect the spine, brain, and/or vital organs.
Who Is Liable for a Workplace Injury?
Determining who is liable for a workplace injury can be challenging. This is especially true in West Virginia due to the state’s comparative fault laws. An injury attorney can help identify the liable parties and pursue compensation from them.
Worker’s compensation claims
Workers’ compensation benefits often cover workplace injuries. Generally, when a victim receives this type of payment, they must agree not to sue their employer. However, it may be possible to pursue additional disability benefits, depending on the details of the case. Some situations may allow the victim’s family to sue the employer for wrongful death.
In West Virginia, an injured worker can pursue a Mandolidis claim. This sort of situation does not fall within standard workers’ compensation coverage. An injured employee may file a Mandolidis claim if they can prove their employer knowingly placed them in a dangerous work situation and/or willfully ignored safety regulations.
Even if a workplace injury is covered by workers’ comp, it may be possible to get additional compensation from other parties that contributed to an accident or injury. For example, the manufacturer of a defective piece of equipment may be liable for an injury that the equipment caused. If a manufacturer fails to provide adequate safety warnings on their machinery, that could lead to a third-party liability claim.
Get help with your workplace injury case
When work injuries happen, they can be devastating for victims and their families. Recovery is even more challenging if you aren’t receiving financial compensation from the responsible parties.
Whether you are pursuing a worker’s compensation claim or a lawsuit against a third party, an experienced injury attorney can help you prove your case.
If you or a loved one has been injured on the job in West Virginia, you may be entitled to compensation. At Prim Law Firm, PLLC, we have the experience to investigate your case and determine who is liable. When you contact our office in Hurricane, we’ll discuss your legal options.
Call us at 304-201-2425 or use our online form to schedule your free consultation.