Did you or a family member suffer injuries in a construction accident in Charleston, WV? You may deserve significant compensation. A Charleston construction accident lawyer at Farmer, Cline & Campbell, PLLC can help you navigate the complex workers’ compensation and personal injury laws that may apply in your case. Call us at at (304) 346-5990.
Between us, our lawyers have over 315 years of experience protecting injured workers’ rights. Our track record of success includes hundreds of millions of dollars in financial recoveries for our deserving clients.
You can contact our law offices in Charleston, West Virginia, anytime to schedule a free consultation and discuss your case.
How Can Farmer, Cline & Campbell, PLLC Help After a Construction Accident in Charleston?
Work accident injuries can change your life in ways you may never have imagined. Medical bills start adding up at the worst possible time – when you can’t work and earn a living. Unfortunately, workers’ compensation isn’t always enough to get by. The laws themselves can be complicated, making it difficult to get a fair deal.
An experienced Charleston, WV personal injury lawyer at Farmer, Cline & Campbell, PLLC can help. We’ve been handling cases like yours since we started our firm in 1996, so we know the ropes.
When you hire our legal team, you’ll benefit from a lawyer who will:
- Investigate and determine the exact cause of your accident
- Determine who is legally responsible for your damages
- Make sure your workers’ compensation check is accurate
- Defend you if your employer claims your injuries weren’t work-related
- File your insurance paperwork
- Ensure your claims are accurate and on time
- Protect your right to additional damages under personal injury laws if possible
- Use our fierce negotiation skills to recover every dollar available
Having a respected Charleston personal injury lawyer in your corner can ultimately make it much easier to recover full compensation. To learn more, give us a call for a free case review today.
How Common Are Construction Site Accidents in West Virginia?
The construction industry can be extremely dangerous. According to the U.S. Bureau of Labor Statistics (BLS), private employers reported 14,800 non-fatal workplace injuries across West Virginia in 2022. At least 1,400 of those injuries were in the construction industry.
Unfortunately, 48 fatal workplace injuries were reported statewide that year. Construction had the second-highest number of fatalities with nine.
At Farmer, Cline & Campbell, PLLC, we handle all types of construction accident cases, including:
- Scaffolding accidents, collapses and falls
- Roof and ladder falls
- Fires and explosions
- Falling objects and debris
- Equipment malfunctions
- Accidents involving heavy machinery, including cranes and forklifts
- Dangerous or defective tools or machinery
- Nail gun accidents
- Excavation injuries
- Industrial accidents
- Building collapse
- Trenching accidents
- Welding or brazing accidents
- Electrocution and electric shock
- Exposure to toxic substances
It’s never too early to explore your legal options after an injury. If you were hurt, call our law firm in Charleston for a free case review today.
Am I Entitled to Workers’ Compensation Benefits After a Construction Accident and Injury in West Virginia?
Under West Virginia law, almost all employers must carry workers’ compensation insurance.
You’ll qualify for workers’ compensation benefits if you were injured:
- While on the job site, or
- Doing something in the course of employment
You’ll only lose your right to workers’ comp benefits after a construction accident if you were intoxicated, using drugs, or if your injuries were self-inflicted.
What Is My Charleston Construction Accident Case Worth?
It’s natural to wonder how much your case is worth before calling a lawyer. The unsatisfying answer is that we can’t offer an accurate estimate without evaluating the facts of your accident and injury.
However, there are factors that will be relevant in nearly every case, including:
- The severity and nature of your injuries
- Your average weekly wages prior to your accident and injury
- The length of your recovery period
- Whether you’re assigned to “light duty” and can earn some income during recovery
- Whether you’ll suffer any long-term or permanent impairment
- Whether you have a valid personal injury case
Total disability benefits in West Virginia cover about ⅔ of your average wages prior to your disability. These wage replacement benefits are also capped by state law. While the cap changes every year, the current maximum rate is $1,010.41 per week.
What Types of Damages Are Available to Construction Accident Victims in Charleston?
Injured construction workers in West Virginia have two primary options for recovering damages: workers’ compensation and personal injury lawsuits.
Workers’ Compensation Benefits in West Virginia
Under West Virginia workers’ comp laws, the following types of benefits are available:
- Reasonable medical expenses
- Temporary total disability benefits if you’re totally unable to work during recovery
- Temporary partial disability benefits, which cover a percentage of the difference between what you earned prior to the disability and what you can earn now
- Permanent partial disability benefits if you lost a body part or suffered a permanent disability that impacts your earning capacity
- Permanent total disability benefits if you’re completely unable to work due to the disability
The types of disability benefits you receive will depend on the nature and severity of your construction accident injuries.
Can I File a Personal Injury Lawsuit for Additional Damages?
Many injured construction employees soon realize that workers’ compensation doesn’t cover everything. Fortunately, it’s also possible that you could have a personal injury case.
West Virginia workers’ compensation laws prohibit injured employees from suing their employers for damages (though there are exceptions, one of which is discussed here). However, you don’t lose your right to sue responsible third parties for damages.
You could have a valid lawsuit against:
- A negligent third-party driver who caused a car accident
- Manufacturers of defective work tools, machinery, or equipment
- Property owners who fail to fix dangerous property conditions under West Virginia premises liability laws
- Engineers
- General contractors
If you do have a valid personal injury claim, you can seek compensation for the full value of your losses, including:
- Medical expenses not covered by workers’ compensation
- 100% of the value of your lost wages
- Lost earning potential
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress
- PTSD
- Reduced quality of life
- Disfigurement and scarring
- Loss of consortium
Understanding your legal options under West Virginia personal injury laws is critical to recovering full compensation. Our Charleston construction accident attorneys will carefully evaluate the facts and determine your options for recovering compensation.
How Much Does It Cost To Hire a Personal Injury Lawyer in West Virginia?
Farmer, Cline & Campbell, PLLC charges a contingency fee for our services. We don’t charge flat fees or hourly rates, and hiring us costs you nothing upfront. Instead, we take a percentage of your settlement or verdict if and only if we win compensation in your case.
We’ll discuss this fee arrangement in detail during your free consultation. Before you decide to hire us, you’ll understand the percentage that you’ll pay.
Can I Recover Damages if I’m Being Blamed for a Construction Accident in West Virginia?
Shared fault only becomes an issue in personal injury cases. You can recover your full workers’ compensation benefits even if you share blame for the accident.
Under the modified comparative negligence law in West Virginia, you only lose your right to damages if your share of fault exceeds the combined fault of all other parties. If you do share some fault, however, your compensation will be reduced by your percentage of fault.
If you hire our lawyers, we can work to minimize the level of fault you’re assigned.
We’ll Fight To Recover Compensation for All of Your Construction Accident Injuries
Our team at Farmer, Cline & Campbell, PLLC often represents injury victims who have suffered:
- Broken bones
- Nerve injuries
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries and other head injuries
- Spinal cord injuries
- Concussions
- Back, neck and shoulder injuries
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
These injuries can seriously impact your life. Our lawyers in Charleston will work to recover every dollar you deserve. That way, you can focus on making a full recovery.
What Causes Most Construction Accidents in Charleston, WV?
Construction accidents most commonly happen due to:
- Communication failures
- Violation of state and OSHA safety regulations
- Failure to properly train or supervise employees, especially when using heavy equipment
- Dangerous property conditions
- Missing fall protection or lack of proper safety equipment
- Damaged equipment
- Failure to maintain equipment and machinery in safe condition
- Defective tools or equipment
- Improperly secured or installed scaffoldings
Identifying the cause of the accident is important. The cause of the accident will give us information about who was responsible. That, in turn, determines whether you have the right to sue for additional damages.
How Long Do I Have To File a Claim for Compensation After a Construction Accident in West Virginia?
The statute of limitations in personal injury cases gives you two years to file a lawsuit. You should notify your employer as soon as possible for workers’ compensation purposes. You have six months from the accident date to file a formal workers’ compensation claim.
There are exceptions to these time limits for some cases, so it’s best to reach out to us as soon as you can for legal help.
Contact a Charleston Construction Accident Lawyer for a Free Consultation Today
Do you have questions about your legal rights after a construction injury? Call Farmer, Cline & Campbell, PLLC today. We offer a free consultation with an experienced Charleston construction accident lawyer.
Visit Our Personal Injury Law Office in Charleston, WV
Farmer, Cline & Campbell, PLLC
746 Myrtle Rd, Charleston
WV 25314
Open 24 hours
(304) 346-5990
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Emergency Rooms Nearby
- Thomas Hospitals Emergency Department at Thomas Memorial Hospital – 4605 MacCorkle Ave SW, South Charleston, WV 25309
- CAMC Memorial Hospital: Emergency Room – 3200 MacCorkle Ave SE, Charleston, WV 25304
- Charleston Area Medical Center: Emergency Room – 501 Morris St, Charleston, WV 25301
- CAMC Memorial Hospital – 3200 MacCorkle Ave SE, Charleston, WV 25304
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.