Background

Workplace Injury FAQ

Frequently Asked Questions

West Virginia Work Injury Attorney

Is occupational disease covered by workers' comp insurance?

Conditions which develop over time as a result of your work environment such as chemical exposure are included in the coverage just as construction accidents or factory accidents are. With the privatization of workers' comp insurance, getting the full benefits can be more difficult now than before. An aggressive West Virginia personal injury lawyer can help you to work through the red tape and obstructive tactics of the insurance company. A denied claim can be appealed. There may be a number of solutions to your situation which can be pursued.

Can I be fired for reporting an on-the-job injury?

For an employer to retaliate in any way or to try to dissuade you from reporting an injury is a violation of the laws. An employer who engages in such practices can be sued. If you have been harassed, threatened or terminated for reporting an injury or filing a disability claim, you should discuss it with experienced legal counsel.

If I am injured at work can I sue my employer?

Employers are generally immune from suits by employees for work injuries. There are however specific circumstances under which an injury claim may be filed outside of workers compensation. Depending on the details of the accident, different parties may be liable for your damages. Scenarios that warrant personal injury lawsuits include:

  • Accidents caused by defective products

  • Employer does not carry workers' compensation insurance

  • The injury was caused by a third party

  • You were exposed to toxic substances

  • The injury was caused by the employer's intentional actions

How do I know if the settlement amount I am offered is fair?

There are a number of factors which must be considered in a settlement after a serious workplace accident. Lost wages may be the bulk of your compensation if your disability is considered permanent and prevents you from gainful employment. Additionally your claim must take into consideration any on-going or future medical care that is deemed necessary.

Do I need a lawyer for a workplace injury case?

As laws regarding workers' compensation are continuously being amended and revised there may be statutory limits in some cases. You are strongly advised to have an established workers' compensation lawyer review the injury compensation settlement agreement and discuss it with you before you agree to or sign anything. If you have been injured or lost a loved one in a workplace accident, contact a West Virginia work injury attorney at the Fitzsimmons Law Firm PLLC for sound advice.

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