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Workplace injuries are very common. According to the National Safety Council, in the United States, a worker is injured on the job every seven seconds. That is equivalent to 12,900 workers per day and 4.7 million workers a year. This statistic is especially true for younger workers who are starting a new job. To illustrate, Rich Ives with Travelers Insurance stated, “More than one-quarter of injuries occur in the first year of employment.” These injuries result in 99 million days of lost productivity on an annual basis.
Most Common Workplace Accidents and Injuries
According to data compiled by the National Safety Council/OSHA and other safety institutes, the 10 most reported workplace accidents are, (1) Motor Vehicle Accidents; (2) Slip and Falls; (3) Falls from Heights; (4) Electrocution; (5) Overexertion; (6) Struck by Objects; (7) Struck Against an Object; (8) Entanglement; (9) Repetitive Motion; and (10) Violence. Out of these accidents, the most common workplace injuries are: (1) Back and Neck injuries (such as bulging and herniated discs) and whiplash; (2) Bone fractures and dislocations; and (3) Concussions and Other Traumatic Brain Injuries.
The Most Common Workplace Accidents in West Virginia
In West Virginia, coal mining accidents and fatalities are prevalent due to the extensive coal mining activities in this state. That said, other workplace accidents are also common and which include gas drilling accidents; natural gas explosions; pipeline accidents; toxic exposure to chemicals; railroad accidents; and construction.
Injured on the Job? You Should Know Your Legal Rights
If you or a loved one have suffered a job-related injury, it is important to know your legal rights. You may be entitled to compensation for your medical bills, missed time from work and other losses. It all depends on the mechanism of injury; the types of injury; and your employment status at the time of injury (such as were you an employee or independent contractor). If you are hurt on the job in West Virginia, you may be entitled to Workers’ Compensation benefits that will help with medical payments and wage replacement. However, in certain circumstances, an injured worker in West Virginia may be entitled to even more through what is known as a civil lawsuit that can help recover for issues you are facing like pain and suffering. Depending on the factors of how you were injured, you may be entitled to bring a lawsuit for an exception in West Virginia called “deliberate intent.”
What is Deliberate Intent
At Preston & Salango, we specialize in a variety of workplace civil lawsuits against employers for “deliberate intent.” These lawsuits are very specialized and should be considered when consulting with a law firm such as Preston & Salango. In determining whether a worker has a right to sue for deliberate intent, the worker must prove 5 key factors which are: (1) A specific, unsafe working condition existed that presented a high degree of risk and a strong probability of serious injury or death; (2) The employer had actual knowledge of the risks; (3) The unsafe working conditions were a violation of federal and/or state law or commonly accepted and well-known safety standards; (4) The employer intentionally exposed the employee to the unsafe conditions; and (4) The employee suffered a serious injury or death.
Obtaining fair compensation for your injuries can take time, effort and thorough record-keeping. The best way to achieve an ideal outcome is to work with an experienced personal injury attorney.
It is important to consult an experienced personal injury attorney as soon as possible to ensure that you do not miss a crucial deadline. Preston & Salango, PLLC’s experienced lawyers are prepared to give you the legal assistance you need to achieve the best legal results possible.
Please call (304) 342-0512 today for a free consultation. Preston & Salango serves Charleston, Beckley, Clarksburg, Huntington, Morgantown, and all of West Virginia.Categories: Personal Injury