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West Virginia Work Injury Lawyer

West Virginia Work Injury Lawyer


At the Manchin Injury Law Group in Fairmont, our West Virginia work injury lawyer helps people who have been injured while working for oil, gas, timber, coal industry and construction employers operating in North Central West Virginia. As a firm, we have been doing this type of work for more than 30 years, and we use all of our experience, resources and skills to help your family recover the compensation you need and deserve.

Call us at (304) 367-1862 today to arrange for a free consultation with one of our experienced workplace accident attorneys.

How Can a West Virginia Work Injury Lawyer Help?

A work Injury lawyer can take care of the legal side of your case from start to finish. This may include pursuing workers’ compensation benefits from your employer’s insurance company or bringing a lawsuit against your employer (or a third party) for negligence. Negligence means the failure to keep workers safe through reasonable care, such as maintaining a safe work environment. You may have grounds for one or both types of claims.

An experienced work injury attorney in West Virginia will carefully investigate your work accident and help you understand your legal options. Then, your lawyer will fill out and file all of the legal forms required to initiate your claim. Your lawyer will support your case with as much clear and compelling evidence as possible. This may include hiring experts and consultants to strengthen your work injury case. A West Virginia personal injury lawyer will work tirelessly to secure optimal results on your behalf.

When to Get a Lawyer for Work Injury

If you’ve had a workplace injury, understanding when to seek legal assistance is crucial to protect your rights and secure the compensation you’re entitled to. While minor workplace accidents may not require immediate legal action, there are specific scenarios where consulting a lawyer becomes essential.

Firstly, if your injury is serious and needs a lot of medical treatment or you’ll be off work for a long time, a lawyer can ensure you receive fair compensation for medical expenses, lost wages, and potential future losses. Moreover, if your employer disputes your claim, denies benefits, or retaliates against you for filing a workers’ compensation claim, speaking to a lawyer is advisable.

It’s also important to get legal advice if someone else, like a contractor or a company that made the equipment you were using, is partly to blame for what happened. In these cases, you might be able to make a claim against them as well as claim workers’ compensation.

Ultimately, an experienced work injury lawyer who knows about workers’ compensation can look at your situation and help you through all the legal stuff, making sure you’re treated fairly and get the money you need for your work injury.

Who Is Liable for My Workplace Injury?

Determining liability for a workplace injury can sometimes be confusing, but it’s crucial to identify who is responsible for your injury to ensure you receive the compensation you deserve. While your employer is generally responsible for maintaining a safe work environment, there are instances where other parties may share liability.

In most cases, your employer is liable for your injury as they are responsible for overseeing the working conditions that led to the accident. When you file a workers’ compensation insurance claim, your employer remains liable, but the insurance company covers the costs associated with your injury.

However, there are situations where other parties may also be liable for your injury. For example:

  • Third-Party Liability: If a third party, such as a contractor, subcontractor, or vendor working onsite, contributed to your injury, they may share liability. In such cases, you may be able to pursue a claim against the third party in addition to your workers’ compensation benefits.
  • Product Malfunction: If your injury was caused by a defective product or equipment malfunction, the manufacturer or distributor of the product may be held liable for damages. You could file a product liability claim to seek compensation for your injuries.
  • Negligence of Another Employee: If another employee’s negligence or misconduct led to your injury, they may be held liable for damages. While workers’ compensation laws generally prevent employees from suing their co-workers, there may be exceptions for cases involving intentional harm or gross negligence.

If you believe that another party is liable for your workplace injury, it’s essential to consult with an experienced workplace injury lawyer. They can assess the circumstances of your case, determine liability, and help you pursue justice against any third parties responsible for your injury.

At Manchin Injury Law Firm, our dedicated team of workplace injury lawyer in West Virginia is here to advocate for your rights. We will investigate the details of your case, identify all potentially liable parties, and work tirelessly to secure the compensation you deserve.

Don’t hesitate to seek legal advice if you’ve been injured at work. Contact us today for a free consultation to discuss your case and explore your options for pursuing justice against those responsible for your injury.

How Long Do I Have to File a Claim for a Work Injury?

A few different deadlines may apply to your work injury case in West Virginia. First, to qualify for workers’ compensation, you must file an application for benefits no more than six months from the date of your injury. If you are bringing a claim for an occupational disease or illness, you have three years from the date of the diagnosis or three years from your last exposure to the hazardous condition that caused your illness.

Next, if you plan on filing a lawsuit against your employer or a third party for causing your work injury, you must contend with West Virginia’s statewide statute of limitations. This law gives a strict deadline by which all personal injury plaintiffs must file their lawsuits. The statute of limitations is two years from the date of the incident, in most cases. In general, if you fail to file on time, you will lose the right to seek compensation in West Virginia.

Types of Work Accidents

Any workplace can contain potential injury hazards. However, some industries are more dangerous than others by their nature. The construction industry, for example, consistently has the highest number of worker deaths in the U.S., according to the Occupational Safety and Health Administration (OSHA). Certain elements in some workplaces are inherently dangerous, such as heavy machinery and equipment. Some of the most common types of work accidents reported in West Virginia are:

  • Contact with objects and equipment
  • Crane collapses
  • Electrocutions
  • Exposure to harmful substances or environments
  • Falls
  • Fires and explosions
  • Muscle strains and repetitive motion injuries
  • Scaffold accidents
  • Struck by falling objects
  • Tractor and forklift accidents
  • Transportation accidents
  • Violence or injuries by people or animals

A serious accident at work can inflict life-changing injuries. Every year, thousands of West Virginia workers are sent to emergency rooms with occupational injuries and illnesses. These include bone fractures, head and brain injuries, back and spinal cord injuries, permanent paralysis, burn injuries, amputations, and lacerations. At Manchin Injury Law Group, our lawyers are experienced enough to handle a work injury case involving any type of accident and injury diagnosis.

What Are the Most Dangerous Industries in West Virginia?

Throughout history, workers involved in the oil, gas, timber and coal industries have experienced serious and fatal accidents more frequently than in other industries in West Virginia. For example, at gas well sites, workers can suffer burns or be injured by explosions or drilling rig collapses. In coal mines, workers are often injured by roof falls, explosions or equipment malfunctions.

Employers in these industries often ignore important safety requirements issued by OSHA or the Mine Safety and Health Administration (MSHA). If a worker in one of these industries is seriously injured as the result of an OSHA or MSHA safety violation, they can collect workers’ compensation benefits and may also file a lawsuit directly against their employer for damages in excess of those paid for by workers’ compensation.

Committed To Helping Injured Workers In More Ways Than One

In addition to handling personal injury and wrongful death lawsuits against employers, defective product makers and insurers, we help clients in other important ways as well. Whether that means coordinating medical treatment and dealing with insurance coverage issues, or issuing a payment guarantee to your landlord or mortgage holder — we will be here for you and do whatever we can to help if you have been injured on the job in the oil, gas, timber or coal industries.

What to Do After a Workplace Accident

If you’ve been injured at work, it’s crucial to inform your employer about your injury promptly. This not only ensures that you receive the necessary medical care but also protects your rights under the law. In West Virginia, there’s a strict time limit for filing a claim for your injuries. You must submit your injury claim within six months of the injury date, or you risk losing your right to compensation.

Once you’ve informed your employer about your injury, it becomes their responsibility to submit the necessary paperwork to the appropriate insurance carrier. While this process should ideally be straightforward, it often isn’t. Some employers may try to dispute your right to benefits, making it necessary to seek legal assistance.

If you encounter difficulties with your employer regarding your injury claim, don’t hesitate to seek help from a skilled West Virginia work injury lawyer. Our firm can assist you in collecting the required documentation and medical records to support your case. We’ll work tirelessly to ensure that your rights are protected and that you receive the compensation you rightfully deserve.

    7 Immediate Steps to Take After workplace accident

  • Call 911 to request help and paramedics if it is an emergency.
  • Tell your employer about your injury or illness right away.
  • Write out an accident report with help from your employer.
  • Take photographs of the dangerous element that injured you, if applicable.
  • If anyone witnessed your accident, write down their names.
  • Check for security or surveillance footage that caught your accident on tape.
  • Seek medical care for your injury. Tell your doctor that it is job-related.
  • Request copies of the accident report and your medical records.
  • Ask your employer to file a workers’ compensation claim on your behalf.
  • Discuss your case with a work injury lawyer before accepting a settlement; you may be entitled to greater financial compensation through a lawsuit.

Contact a West Virginia Workplace Injury Lawyer Today

Talk to our dedicated personal injury lawyers about your claim today by calling us at (304) 367-1862 or contacting us online. Remember that you pay no attorney fees unless we obtain a verdict or an acceptable settlement offer on your behalf.

FAQs About West Virginia Work Injury Lawyers

Who Pays for Work-related Injuries?

In most cases, employers are responsible for covering the costs of work-related injuries through workers’ compensation insurance. This insurance provides benefits to employees who are injured or become ill as a result of their work.

How Do You Report Incidents and Injuries at Work?

If you’re injured at work or witness a workplace incident, it’s crucial to report it to your employer as soon as possible. Typically, you’ll need to complete a workplace incident report detailing the date, time, location, and nature of the incident.

Do I Get Full Pay if Injured at Work?

In many cases, workers’ compensation benefits provide partial wage replacement for employees who are unable to work due to a work-related injury or illness. The amount you receive may depend on factors such as the severity of your injury and your state’s laws.

How Do You Prove an Injury at Work?

Proving a work-related injury typically involves documenting the incident, seeking medical treatment, and obtaining a diagnosis from a healthcare professional. It’s essential to report the injury to your employer and keep detailed records of medical appointments, treatment plans, and any related expenses.

What Qualifies as a Workplace Injury?

A workplace injury is any injury or illness that occurs as a result of performing work-related duties. This can include physical injuries from accidents, repetitive strain injuries, occupational illnesses caused by exposure to hazardous substances, and mental health conditions related to workplace stress.

If I Get Hurt at Work, What Should I Do?

If you’re injured at work, the first step is to seek medical attention for your injuries. Then, report the incident to your employer and file a workers’ compensation claim. It’s also essential to follow your doctor’s treatment plan and keep records of all medical expenses related to your injury.

Do I Need a Lawyer for Workers’ Compensation?

While you’re not required to hire a lawyer to file a workers’ compensation claim, consulting with an experienced workers’ compensation attorney can help ensure your rights are protected and that you receive the full benefits you’re entitled to.



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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We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.

If you are unable to visit our firm, we can come to your home or hospital room.

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