Pursuing Compensation After A Workplace Injury
Every person should feel safe going to work and not having to worry about sustaining a serious injury or illness. However, injury accidents can and do happen in the workplace. Injured employees deserve coverage for medical care when they get hurt or ill because of their job duties or from the work environment itself. Examples of work-related accidents can be slip and falls, vehicle accidents, forklift accidents, electrical injuries, crane accidents, and exposure to toxic substances. The state of West Virginia requires that most employers have workers’ compensation coverage, with some exceptions. Our West Virginia workplace injury lawyer can discuss your situation in further detail and then recommend next steps to take. Contact Hayhurst Law PLLC for a consultation.
Table of Contents
- Pursuing Compensation After A Workplace Injury
- How Our Workplace Injury Lawyer Can Maximize Your Compensation
- West Virginia Workplace Injury FAQs
- Hayhurst Law PLLC, West Virginia Workplace Injury Lawyer
- Contact Our West Virginia Workplace Injury Lawyer Today
Understanding Workers’ Compensation in West Virginia
If you have questions about your eligibility for benefits or are having a problem receiving them, contact us as soon as possible. We know that employers can sometimes hinder your ability to use benefits, fire you for trying to utilize them, or otherwise retaliate against you. When our team intervenes, employers tend to become more cooperative because they know they can no longer take advantage of you. We know the laws, so let us enforce them with your employer. You deserve coverage for injuries or an illness that developed due to the workplace. You could be eligible to receive compensation for:
- Medical expenses
- Lost wages
- Rehabilitation costs
- Disability payments
When To Seek Counsel
Anytime someone sustains injury in the workplace is the time to contact our legal team. Unfortunately, you cannot rely on employers to handle a worker’s claim fairly. Sometimes employers get too focused on saving money that they don’t fully compensate employees for their losses or may otherwise mistreat them. As our knowledgeable workplace injury attorney explains, there are many ways that employers may retaliate against a worker who is rightfully owed benefits, such as:
- Changing their job duties to a less desirable position
- Preventing them from receiving earned promotions
- Discouraging the worker from applying for benefits
- Hindering approval odds by delaying or putting mistakes on paperwork
- Creating a hostile work environment
- Threatening, yelling, or using intimidation
- Letting the employee go with or without a reason
- Giving the employee an unwarranted negative performance review
- Leaving the worker out of meetings, team activities, or trainings
Options Available After A Workplace Injury
If you are struggling with your workers’ compensation claim, there are other options. Our lawyers can file an appeal with the Workers’ Compensation Board of Review and argue it on your behalf. Your employer does have the right to deny certain claims, like cases where the employee wasn’t using the safety gear provided, was using alcohol or drugs, or was otherwise acting negligently. Our job is to counteract these claims and demand fair treatment on your behalf.
Some workplace injuries are caused by a third party, like a vendor, subcontractor, or another driver. In these cases, you may receive workers’ comp benefits but may also be eligible to file a third-party lawsuit for damages against that party. We can help you with this legal matter, prepare the civil suit on your behalf, and gather evidence to support your claim. We want to make sure that all liable parties are held accountable for their disregard for your safety.
How Our Workplace Injury Lawyer Can Maximize Your Compensation
When you suffer a workplace injury, the physical pain is often just the beginning. Medical bills pile up, lost wages put financial strain on your families, and dealing with insurance companies can feel overwhelming. In these moments, having our West Virginia workplace injury lawyer by your side can make a significant difference in the compensation you receive. Let’s explore how legal representation ensures you get the maximum amount you deserve.
Understanding Your Rights
Many people are unaware of the full extent of your legal rights after a workplace injury. While workers’ compensation is designed to provide financial relief, it often doesn’t cover everything. Our skilled workplace injury lawyer helps you understand what you’re entitled to and whether additional claims—such as a personal injury lawsuit—should be pursued. By evaluating the specifics of your case, our lawyer ensures you aren’t settling for less than what the law allows.
Accurately Calculating Damages
One of the most common mistakes injured workers make is underestimating the value of their claim. Many people think compensation is limited to medical bills and lost wages, but our lawyer will take a comprehensive approach. They consider future medical expenses, rehabilitation costs, lost earning potential, and even pain and suffering. Without legal expertise, you might accept an initial settlement offer that doesn’t account for long-term expenses.
Navigating Complex Paperwork And Deadlines
Filing a workplace injury claim involves strict deadlines and extensive paperwork. A single missed deadline or improperly filed document can result in delays or outright denial of benefits. With a lawyer handling your claim, you can focus on healing while they ensure everything is submitted correctly and on time. This attention to detail significantly reduces the chances of errors that could cost you compensation.
Negotiating With Insurance Companies
At Hayhurst Law PLLC, we know that insurance companies are in the business of minimizing payouts. They may offer you a quick settlement that seems fair but actually falls short of covering all your expenses. Our workplace injury lawyer acts as your advocate, negotiating with insurers to secure a settlement that fully addresses your needs. They know the tactics insurance companies use and how to counter them effectively.
Identifying Third-Party Liability
While workers’ compensation prevents you from suing your employer in most cases, there are exceptions. If a third party—such as a subcontractor, equipment manufacturer, or property owner—contributed to your injury, you may have grounds for an additional claim. Our lawyer investigates all aspects of your case to identify if you have a third-party liability claim, which can significantly increase the amount of compensation you receive.
Taking The Case To Court If Necessary
If negotiations don’t lead to a fair settlement, your workplace injury lawyer is prepared to take your case to court. Many employers and insurance companies will offer a better settlement once they see you have strong legal representation willing to fight for you. If a trial is necessary, your lawyer ensures your case is presented with compelling evidence and expert testimony.
Recovering from a workplace injury is challenging, but you don’t have to navigate the legal process alone. By working with our West Virginia skilled workplace injury lawyer, you maximize your compensation, protect your rights, and focus on what truly matters—our recovery and well-being.
West Virginia Workplace Injury FAQs
When you get injured on the job, it can be overwhelming to navigate the legal process while also dealing with medical bills, lost wages, and physical recovery. Our West Virginia workplace injury lawyer can help you understand your rights and secure the compensation you deserve. Below, we answer some of the most common questions about workplace injury claims.
What Is A Workplace Injury Lawyer?
A workplace injury lawyer specializes in helping employees who have been injured on the job. They guide you through the legal process, ensuring you receive the proper benefits or compensation for your injuries. Whether you need to file a workers’ compensation claim or pursue a lawsuit against a negligent employer or third party, a lawyer can help protect your rights.
What Types Of Workplace Injuries Qualify For Compensation?
Many types of injuries can qualify for compensation, including:
- Slip and fall accidents
- Repetitive stress injuries, such as carpal tunnel syndrome
- Burn injuries from chemical or electrical hazards
- Construction site accidents, including falls from heights
- Exposure to toxic substances leading to long-term health issues
- Injuries from machinery or equipment malfunctions
- Work-related vehicle accidents
If an injury happens while performing job-related duties, you may have a valid claim.
Should I File A Workers’ Compensation Claim Or A Lawsuit?
At Hayhurst Law PLLC, we know that most workplace injuries fall under workers’ compensation, a system that provides medical benefits and wage replacement without requiring you to prove employer negligence. However, if your employer was grossly negligent, denied your claim unfairly, or if a third party (such as a contractor or equipment manufacturer) was responsible for the injury, you may be able to file a personal injury lawsuit for additional damages.
A workplace injury lawyer can evaluate your case and determine the best course of action.
What Compensation Can I Receive For A Workplace Injury?
Depending on the case, you may be entitled to:
- Medical expenses (current and future treatment)
- Lost wages due to missed work
- Disability benefits (temporary or permanent)
- Vocational rehabilitation if you need to change careers
- Pain and suffering (in third-party lawsuits)
- Wrongful death benefits if a loved one was fatally injured at work
Workers’ compensation covers some of these expenses, but a lawsuit may provide additional compensation if negligence was involved.
What If My Employer Retaliates Against Me For Filing A Claim?
It is illegal for an employer to fire, demote, or retaliate against you for filing a workers’ compensation claim. If you experience retaliation, a workplace injury lawyer can help you take legal action to protect your rights.
How Long Do I Have To File A Workplace Injury Claim?
The statute of limitations for filing a workplace injury claim varies by state. In most cases, workers’ compensation claims must be filed within 30 to 90 days of the injury. Personal injury lawsuits typically have a one to three-year deadline. Since missing deadlines can affect your ability to recover compensation, you should act quickly.
How Can A Workplace Injury Lawyer Help Me?
A lawyer can:
- Ensure your claim is properly filed
- Gather evidence to support your case
- Negotiate with insurance companies
- Appeal denied claims
- File lawsuits against negligent third parties
- Represent you in court if necessary
If you’ve been injured at work, you don’t have to go through the process alone. With the right legal support, you can focus on recovery while our West Virginia workplace injury lawyer fights for the justice and compensation you deserve.
Hayhurst Law PLLC, West Virginia Workplace Injury Lawyer
34 Commerce Dr Suite 203, Westover, WV 26501
Contact Our West Virginia Workplace Injury Lawyer Today
Workers deserve to be compensated when they are injured at work or when traveling and performing their duties. Employers are mandated to have a workers’ compensation program, unless their company fits the criteria for an exception. Most employers are required to have this insurance. If you were recently injured because of work, let our West Virginia workplace attorney help you. Our team at Hayhurst Law PLLC have seen just how badly employees can be treated by employers when they are rightfully deserving of compensation. We can make sure you are treated fairly. Let us protect you today by reaching out for a consultation.
