Were you injured on the job in Charleston, WV? An experienced Charleston workplace accidents lawyer at Farmer, Cline & Campbell Personal Injury Lawyers can help. You may be entitled to money for medical bills, lost wages, pain, trauma, and more. Contact us online or call us at (304) 346-5990 for a free consultation.
Between us, our skilled lawyers have over 315 years of experience handling injury claims here in Charleston. We’ve won hundreds of millions of dollars to date. To learn more about how we can put our experience and record of success to work for you, reach out to our law office in Charleston, West Virginia.
How Can Farmer, Cline & Campbell Personal Injury Lawyers Help Me Recover Compensation After a Workplace Accident in Charleston, WV?
If you were injured in a workplace accident, our team at Farmer, Cline & Campbell Personal Injury Lawyers can help determine whether you have a personal injury claim against a negligent third party. Our goal is to help you understand your options and pursue the compensation you deserve. Our priority is helping injured workers pursue personal injury claims that may provide compensation beyond workers’ compensation benefits.
An experienced Charleston personal injury lawyer at our firm can evaluate your case, identify all potential sources of recovery, and guide you through the legal process.
When you hire our experienced team, we will:
- Conduct a thorough investigation into the accident
- Identify all potentially liable parties
- Gather evidence to support your claim
- Assess the full extent of your damages
- Negotiate with insurance companies on your behalf
- Determine whether a third-party personal injury lawsuit is available
- Advocate for your interests throughout every stage of your case
You don’t have to navigate the aftermath of a workplace injury in Charleston, WV, alone. Contact our Charleston workplace accident attorneys today to schedule a free consultation and learn how we can help.
What Are My Options for Recovering Compensation After a Workplace Accident in West Virginia?
Most workplace injuries in West Virginia are covered by the state’s workers’ compensation system. In exchange for providing workers’ compensation coverage, employers generally receive immunity from personal injury lawsuits arising out of workplace accidents.
However, there are important exceptions to this rule.
Can I Sue My Employer After a Workplace Injury?
In most cases, an injured employee cannot file a personal injury lawsuit against their employer. West Virginia law generally limits injured workers to workers’ compensation benefits unless the employer acted with “deliberate intent.”
A deliberate intent claim is a narrow exception to employer immunity. To pursue this type of case, an injured worker must satisfy all of the following requirements, including:
- A specific unsafe working condition existed.
- The unsafe condition violated a safety statute, regulation, or industry standard that applied to the work being performed.
- The employer had actual knowledge of the hazardous condition and the serious risk it posed.
- The employer nevertheless exposed the employee to the condition.
- The employee suffered a serious injury or death as a result.
Because these claims are highly complex and subject to strict legal requirements, not every workplace accident will support a lawsuit against an employer.
Can I Bring a Claim Against a Third Party?
Yes. If someone other than your employer contributed to your workplace accident, you may have a separate personal injury claim against that third party.
Examples of potentially liable third parties include:
- Negligent drivers who cause work-related vehicle accidents
- Property owners who fail to maintain safe premises
- Contractors or subcontractors working on a job site
- Manufacturers of defective equipment, machinery, or safety products
Unlike workers’ compensation claims, third-party personal injury claims may allow injured workers to recover damages for pain and suffering, emotional distress, and other losses not typically available under workers’ compensation.
Our firm does not handle workers’ compensation claims. We focus on workplace accident cases involving third-party negligence and on select deliberate-intent claims against employers. Because West Virginia law provides employers with broad immunity and imposes strict requirements for cases involving deliberate intent, we generally limit employer-liability cases to those involving catastrophic injuries or wrongful death.
If you were seriously injured in a workplace accident, our attorneys can evaluate the facts of your case, identify all potentially liable parties, and explain your legal options. Contact an experienced Charleston workplace accident attorney today for a free consultation.
How Much Money Is My Charleston Workplace Accident Case Worth?
The value of your workplace injury claim depends on the specific details of your accident and injury. If you were entirely unable to work during your recovery, your benefits should cover about two-thirds of your average weekly wages prior to the disability.
Additional factors that will be relevant include:
- The extent of your disability
- Whether you can earn some income during recovery
- The length of your disability period
- The part of your body that was impacted
- Whether your earning capacity will remain impaired after reaching maximum medical improvement (MMI)
- Whether you have any right to sue a third party under personal injury laws
While you’re recovering, you should receive a weekly check from workers’ compensation. The amount is capped under state law.
What Types of Damages Are Available to Workplace Accident Victims in Charleston?
Workers’ compensation provides three primary types of benefits: medical, wage-replacement, and death. Workers’ comp should cover all reasonable medical expenses related to the disability. That includes hospitalization, doctor’s visits, medications, and even mileage reimbursement for trips to and from medical appointments.
The following types of disability benefits may also be available, depending on the nature of your disability:
- Temporary total disability benefits if you’re completely unable to work during recovery
- Temporary partial disability benefits if you can work, but your earnings are reduced
- Permanent partial disability benefits if you suffer a disability that permanently impairs your earning capacity, even once reaching MMI
- Permanent total disability benefits if you’re totally unable to perform any work after you’ve reached MMI
Workers’ compensation is a no-fault system, meaning injured workers generally do not have to prove that their employer was negligent to receive benefits. Instead, benefits are available for most work-related injuries regardless of who caused the accident.
Damages Available in a Personal Injury Claim
Damages in personal injury cases are different. In personal injury cases, you can seek compensation for any loss you suffered. That includes financial and non-financial losses.
Examples include:
- Any medical bill not covered by workers’ comp
- The entire amount of your lost wages
- Your full lost earning potential
- Rehabilitation
- Property damage
- Pain and suffering
- Trauma
- Reduced quality of life
- Physical disfigurement and scarring
- Chronic pain
- Loss of consortium and other wrongful death damages
If a negligent third party caused your workplace accident, pursuing a personal injury claim may help you recover the full extent of the physical, emotional, and financial losses you have suffered.
How Will West Virginia’s Shared Fault Laws Impact My Right to Recover Compensation If I’m Blamed for a Workplace Accident?
Shared fault laws won’t impact the value of your workers’ compensation benefits. You have the right to those benefits even if you share some blame — or even most of the blame.
West Virginia’s modified comparative negligence law allows you to recover partial compensation if your share of fault is less than 51%.
How Much Does It Cost to Hire a Workplace Injury Lawyer in West Virginia?
We have a contingency fee-based structure. Instead of paying upfront fees, you pay a percentage of the compensation we recover in your case. That way, you can rest assured that you only pay if we win.
Our Skilled Attorneys Will Fight to Recover Compensation for All of Your Workplace Accident Injuries
Farmer, Cline & Campbell Personal Injury Lawyers is a full-service injury law firm equipped to handle any type of third-party workplace accident claim. Our team represents clients who have suffered:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Concussions
- Joint injuries
- Burns
- Cuts and lacerations
- Chest injuries
- Facial injuries
- Hearing injuries
- Head and neck injuries
- Back injuries
- Nerve damage
- Internal bleeding
- Internal organ damage
- Amputations
- Paralysis
- Catastrophic injuries
Make sure to visit a doctor who has been approved by your employer if you were hurt on the job. If you don’t, you could jeopardize your right to be reimbursed for those medical bills.
We Handle All Types of Workplace Injury Claims in Charleston
Regardless of your line of work, our attorneys are here to fight for the full compensation you deserve. Examples of the types of workplace injury claims involving third parties that we handle include:
- Motor vehicle accidents
- Trucking accidents
- Falls from heights
- Accidents caused by falling objects
- Scaffolding accidents, including falls and collapses
- Slip and fall accidents
- Agricultural accidents
- Accidents in office settings
- Landscaping accidents
- Construction accidents
- Manufacturing accidents
- Nail gun accidents
- Accidents in restaurants and bars
- Accidents involving heavy machinery
- Fires and explosions
- Hotel accidents
- Industrial accidents
- Welding accidents
Any workplace can become dangerous when people are careless. To learn more about your right to compensation, call our law firm in Charleston today.
What Causes Most Workplace Accidents in Charleston?
Some commonly cited causes of work accidents include:
- Dangerous property conditions
- Failure to follow state and federal safety regulations
- Missing safety equipment and a lack of fall protection
- Communication failures
- Negligent driving
- Failure to fully train employees
- Lack of supervision
- Negligent hiring practices
- Exposure to harmful substances
- Exposure to faulty wiring
- Failure to keep walkways and stairways clear of debris
- Repetitive stress
- Explosions
- Electrocution
- Defective equipment or tools
You deserve to know why your accident occurred if you were hurt on the job. Identifying the cause of your injury can be key to maximizing the amount of money you take home.
How Long Do I Have to File a Claim for Damages After a Workplace Accident in West Virginia?
The statute of limitations in West Virginia personal injury cases gives you two years from the date of an accident to file a lawsuit. You should act much sooner to protect your right to workers’ comp benefits. Notify your employer as quickly as you can. If you wait more than six months to provide the required notice, you risk losing your workers’ compensation.
How Common Are Workplace Accidents in West Virginia?
During 2024, West Virginia employers reported 12,600 non-fatal workplace injuries to the Bureau of Labor Statistics. Most people probably assume the bulk of those injuries occurred in dangerous industries like construction or mining. In reality, 60% of all workplace injuries occurred in the education and health services, trade industries, transportation, and utilities sectors.
Contact a Skilled Charleston Workplace Accidents Lawyer for a Free Consultation
Don’t hesitate to call an experienced Charleston workplace accident lawyer for a free case review if you were hurt on the job in Charleston, West Virginia. Our trusted team at Farmer, Cline & Campbell Personal Injury Lawyers is available to discuss your case.
You can also visit our personal injury law office in Charleston, WV.
Visit Our Personal Injury Law Office in Charleston, WV
Farmer, Cline & Campbell Personal Injury Lawyers
746 Myrtle Rd, Charleston
WV 25314
Open 24 hours
(304) 346-5990
