Practice Area

West Virginia Construction Accident Attorney

West Virginia Construction Accident Attorney


At the Manchin Injury Law Group in Fairmont, we provide aggressive, results-oriented representation on behalf of construction workers injured in a construction accident throughout West Virginia. Call us today at (304) 367-1862 for a free consultation with one of our West Virginia construction accident lawyers.


Why Choose Manchin Injury Law Group?

  • Experience. Our construction accident attorneys have handled these cases for decades. With more than 37 years of courtroom experience, we can prepare your case as if it will go to trial.
  • Communication. We work closely with our clients to understand and pursue their goals using tailored legal methods. We will put your well-being first in everything that we do.
  • Results. Our personal injury lawyers in West Virginia are capable of obtaining outstanding results. We’ve recovered millions of dollars on behalf of our clients.
  • No upfront fees. Our clients don’t pay for our legal services unless we succeed in securing financial compensation for them. We only get paid if we win your case.

How Can a Construction Accident Lawyer Help?

It is often difficult for construction workers to recover fair and full compensation for injuries from employers and insurance companies. You may need an attorney to go up against an insurer on your behalf and negotiate for maximum compensation using proven legal strategies. The right construction accident attorney in West Virginia can help you recover fair financial compensation after a devastating accident at work. Otherwise, you could be at risk of settling for less compensation than you deserve.

In addition to improving the odds of winning your case, a construction accident lawyer can take care of difficult and confusing legal issues on your behalf so that you can focus on healing. Your lawyer will investigate the construction accident, search for evidence or signs of fault, hire qualified experts, determine the defendant(s), and take over filing processes for you. A lawyer will have the legal knowledge, case experience, resources and personnel to build the strongest possible claim to damages.

When Should I Contact a Construction Accident Lawyer?

In a work accident case, it can often look like the employer and its insurance company hold all the cards. These are powerful adversaries that have years of experience denying liability and diminishing client payouts. You can level the playing field, however, by hiring a construction accident lawyer to represent you. At the Manchin Injury Law Group, we stand up for construction workers and their families. We will work to protect your rights and build a strong and successful case for you.

A construction accident attorney can benefit you in many circumstances. It is even more essential to hire an attorney, however, if your injuries are severe or catastrophic. This is because while you may need more compensation to pay for a lifetime of potential medical costs, an insurance company will most likely offer you less. The best way to protect your rights is by getting help from an attorney. With an attorney advocating for your interests, you will not be taken advantage of by your employer or an insurance carrier.

You should always contact an attorney as soon as possible after a construction site accident or work injury in West Virginia. Like all states, West Virginia has a law known as the statute of limitations that places a time limit on your right to recover compensation. This statute of limitations is just six months for workers’ comp or two years for a personal injury claim. If you miss your filing deadline, the courts will most likely bar you from taking legal action. The best way to protect your right to recover is by hiring a lawyer right away.

What Damages Can I Recover for a Construction Accident?

The financial compensation, or damages, available in a construction accident case in West Virginia can help your family pay for related bills and enjoy less financial stress during a traumatic time. It is critical to fight for a fair and full value for your injury claim, especially if the nature of the injury is catastrophic. At Manchin Injury Law Group, we are determined to seek maximum compensation for each client. You may be eligible for the following types of damages, and more:

  • Medical expenses. This covers all necessary medical care connected to your construction accident, including appointments, specialists, x-rays, treatments, surgeries, medications, physical therapy and rehabilitation.
  • Disability. If a construction accident leaves you or a loved one with a temporary or permanent disability, you can recover the price of related lost wages, disability accommodations, lost quality of life, and more.
  • Lost wages. If you need to take days, weeks or longer off of work to recover from your construction accident injuries, an insurance claim or lawsuit could reimburse you for past and future losses of income.
  • Out-of-pocket costs. If you had to spend any money out of your own pocket because of your accident or injury, including travel costs, legal fees and the price of hiring an attorney, you could claim compensation for these expenses.
  • Pain and suffering. You may be eligible for noneconomic damages, including physical pain, suffering, inconvenience, emotional distress, mental anguish, post-traumatic stress disorder and loss of consortium.
  • Death benefits. If a loved one lost his or her life in a construction accident, your family could receive death benefits to cover funeral and burial costs, medical costs, a lost lifetime of wages or inheritance, and mental anguish.
  • Punitive damages. Although uncommon, punitive damages are awarded in injury cases where the defendant was grossly negligent, malicious or wanton in his or her actions or behaviors. Punitive damages are granted to punish the defendant.

When representing you, our construction accident attorneys will investigate your accident and assign liability to all responsible parties. We will review insurance coverage issues and identify all possible sources of compensation. Our West Virginia construction accident attorneys will also place a value on the full amount of your economic and noneconomic losses. Our goal as your work injury lawyers in West Virginia will be to obtain maximum compensation so that you can begin to rebuild your life.

Workers’ Compensation vs. Personal Injury Claim for a Construction Accident

The two main outlets for financial compensation after a construction accident in West Virginia are a workers’ compensation insurance claim and a personal injury lawsuit. It is important to understand both of these options to decide which is right for you. This is because once you accept a workers’ comp settlement, you give up the right to sue your employer for negligence.

Workers’ comp is available to most construction workers who are classified as employees (not independent contractors) in West Virginia. It is a no-fault system, meaning it is not necessary to prove that someone else is at fault for your construction accident or related injuries. You can qualify for workers’ comp benefits even if no one is to blame. Workers’ comp is available for almost all types of injuries and illnesses that arise within the course and scope of employment.

In West Virginia, you must file a workers’ comp claim within six months of the accident to qualify for benefits. A successful claim can pay for all of your necessary medical expenses, as well as about two-thirds of your lost wages, up to a weekly maximum. It can also pay for disability and death benefits. You cannot receive compensation for pain and suffering, however. This is why if you believe that someone else’s negligence caused or contributed to your construction accident, you should consider a personal injury lawsuit before accepting a workers’ comp settlement.

If you or your attorney can show evidence of negligence in connection to your construction accident in West Virginia, you could receive full financial compensation for your lost wages, noneconomic damages, and more. This may be a better choice than workers’ comp, depending on your situation. If someone other than your employer is at fault, such as a product manufacturer or subcontractor, you may be entitled to benefits through both workers’ comp and a personal injury lawsuit. Discuss both options with an attorney at Manchin Injury Law Group before saying yes to a settlement or signing anything.

What Are Common Causes of Construction Accidents?

As an injured construction worker, you may have grounds to file a personal injury claim against the person or party who caused your injuries. This is because many construction accidents are caused by negligence. Negligence is the foundation for most personal injury lawsuits. It refers to a failure to exercise due care, resulting in harm to others. Common negligence-related causes of construction accidents include:

  • Violated federal safety standards
  • Poor construction site maintenance
  • A lack of proper worker safety training
  • Failure to equip workers with adequate safety gear
  • Improperly constructed scaffolds
  • Structural collapses
  • Falling or flying objects and debris
  • Electrical hazards
  • Lack of worksite security
  • Defective products and equipment

The negligence of a construction company, site supervisor, construction equipment manufacturer, coworker, contractor, property owner or another party could cause a preventable construction worker injury or death. As a construction worker who was injured on the job, you are probably entitled to claim workers’ compensation benefits. If the accident was the fault of a third party or a safety violation, however, you may be entitled to additional compensation through a personal injury lawsuit.

Common Construction Injuries

For construction workers, danger lurks whenever they enter a construction site. Though they take care to avoid accidents, sometimes factors beyond their control result in serious injuries or death. Such cases are often caused by negligence on the part of contractors, subcontractors or other parties. Unfortunately, construction accidents often leave workers with life-changing injuries, such as:

  • Broken bones
  • Soft-tissue injuries
  • Lacerations
  • Burn injuries
  • Injuries from falling debris
  • Brain injuries
  • Electrocution
  • Spinal cord injuries
  • Crush injuries
  • Limb or digit amputations
  • Loss of hearing or vision
  • Illnesses from toxic exposure

Suffering a serious injury in a construction accident can upend your life. You may be faced with expensive medical bills and the inability to return to your construction job, either temporarily or permanently. After a severe injury, the injured worker or surviving loved ones may be able to file a lawsuit against one or more parties for negligence. While no dollar amount will ever be enough to take back what happened to you, obtaining fair compensation can make it easier to move forward.

Construction Accident Statistics

The more you learn about construction accidents – including the rate of their occurrence in West Virginia – the more you will understand the hazards you could be facing as a worker. It may surprise you to find that construction site accidents are not uncommon in West Virginia and around the country. In fact, according to data from the Occupational Safety and Health Administration (OSHA), more accidents, injuries and deaths occur in construction than in any other private sector. Here are the latest statistics:

  • In 2019, 5,333 workers died on the job throughout the nation. A total of 1,061 worker deaths (about 20 percent) were in construction. This means that one in five fatalities were construction workers.
  • The top five most frequently cited safety standards in 2019 were fall protection in construction, hazard communication standards, respiratory protection, scaffolding requirements in construction and ladders in construction.
  • The accidents referred to as construction’s “Fatal Four” by OSHA – the four most responsible for worker deaths – are falls, struck-by objects, electrocutions, and caught-in or between objects or equipment.
  • According to the Bureau of Labor Statistics, there were 46 fatal work injuries in West Virginia in 2019. Transportation incidents were the most common, with 24 related deaths, followed by exposure to harmful substances or environments (12 deaths) and contact with objects/equipment (8 deaths).
  • The construction industry in West Virginia was second in the number of worker deaths in 2019, with nine worker fatalities. The deadliest industry was transportation and material moving, with 20 worker deaths.

At Manchin Injury Law Group, we make it our mission to know as much as possible about construction accidents in our community. Our in-depth knowledge of this practice area is why construction workers and their families trust us with their claims. We understand the most common causes of construction accidents, the rights of injured construction workers and what steps to take to help our clients move forward. One of our goals is also to improve the safety of the construction industry on an institutional level and prevent future such tragedies.

Free Consultation With a West Virginia Construction Accident Lawyer

A construction accident in West Virginia can turn your life upside down. Our attorneys are here for you and your family during this difficult time. We will help you rebuild your life as much as possible. Our lawyers will explain your rights and determine the best next steps for you to take, such as filing a workers’ compensation claim or pursuing an injury lawsuit. Our premier personal injury law firm has been trusted by construction workers and their families for many years.

To learn more about your rights and how our West Virginia construction accident lawyers can help you, contact the Manchin Injury Law Group by calling (304) 367-1862. From our offices in Fairmont, we represent people in Clarksburg, Morgantown, Charleston, and throughout West Virginia.

Free Consultation — Get Legal Help Today

Talk to our Fairmont lawyers about your personal injury or wrongful death claim today by contacting us online, or by calling us at (304) 367-1862.

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