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
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
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.