One of the most stressful situations that anyone can face involves suffering an accident or illness on the job. In some cases, the impact of the injury may be so great that the victim may need to stop working either temporarily or permanently. This can create financial as well as physical and emotional concerns for the victim and the victim’s family. Fortunately, people in these situations can assert their right to the compensation that they need. At the Wolfe Law Firm, Elkins workplace injury lawyer Dorwin J. Wolfe has guided numerous West Virginia employees through the legal process after a wide range of accidents on the job.Understanding Deliberate Intent/Mandolidis Claims
As part of the large industrial sector in the state, West Virginia workers undertake some of the most dangerous and life-threatening jobs in the nation. Generally, under the state workers’ compensation law, an employee is barred from suing his or her employer in court after suffering injuries on the job. Instead, the employee must file a claim through the administrative workers’ compensation system to seek benefit payments.
There is an important exception to this rule. Under the Mandolidis law, injured workers may bring a civil claim against an employer if the accident resulted from the employer’s deliberate intent. Proving that the employer acted deliberately requires a detailed and thorough investigation into the situation that gave rise to the dangerous workplace condition. Deliberate intent in these cases is defined as willful, wanton, and reckless misconduct.Bringing a Workers’ Compensation Claim after Suffering a Logging Injury
West Virginia is home to an active logging industry. This work is highly dangerous and may lead to devastating injuries. Loggers face a fatality rate that is 21 times higher than the overall fatality rate for other Americans, with seven out of every 1,000 workers in this industry losing their lives each year. Non-fatal injuries also are common in the logging industry, including slip and falls, repetitive strains, chainsaw or axe injuries, and injuries that result from a lack of proper training for the employee.
If you are a logger who has been injured on the job, you can file a workers’ compensation claim to pursue benefits. You will need to provide notice to your employer and undergo a medical examination to determine whether your injury is temporary or permanent and whether it is partial or total. These factors affect the amount and duration of the benefits that you may receive. In some situations, an employer’s insurer may withhold payment on a deserving claim. However, injured employees may appeal an adverse determination. It is important to consult a workplace injury attorney in the Elkins area who can gather important evidence, prepare you for a hearing, and vigorously advocate for your position on appeal.Assert Your Right to Benefits after a Coal Mining Accident
Similar to loggers, coal miners face risks of severe harm while on the job. Common examples include suffocation, asphyxiation, loss of sight, entrapment, and chronic bronchitis. The workers’ compensation system also provides benefit payments for injured coal miners. As with accident victims in the logging industry, they may be eligible to receive past and future medical expenses as well as lost wages. Benefits may be available even if the victim was suffering from a related, pre-existing condition that the accident exacerbated, rather than a new condition that the accident created. However, it is important in these complex situations to seek guidance from a workers’ compensation lawyer who understands how to build a persuasive claim.Consult a Workplace Injury Lawyer in the Elkins Area
If you have been hurt on the job, dedicated Elkins workplace injury attorney Dorwin J. Wolfe and the staff at the Wolfe Law Firm are prepared to help you seek the compensation that you deserve. We can assist you with every step of the process, including investigating your claim, gathering evidence, negotiating with insurance companies, and fighting for your rights in settlement negotiations and at trial. The Wolfe Law Firm proudly serves people throughout West Virginia, including in Morgantown, Clarksburg, Bridgeport, and other communities throughout Randolph, Mineral, Harrison, Barbour, Braxton, Grant, Hampshire, Lewis, Marion, Pendleton, Pocahontas, Preston, Taylor, and Tucker Counties. Call us at 1-877-637-5756 or contact us online to schedule a free consultation with a logging accident attorney or seek guidance with another workplace injury claim.