West Virginia Premises Liability Attorneys
Owners of property are responsible for the safety of people using their properties. This goes for landowners at construction sites just as it does for homeowners and owners of office buildings and factories. Our Charleston, West Virginia, law firm can answer questions and provide assistance to workers injured at job sites such as mines and building job sites, as well as to those who have been injured by slipping and falling in a commercial business.
You may assume — and you may have been told — that an injury on the job is covered by way of a workers’ compensation claim. Assuming that you are an employee, it is likely the case that a workers’ compensation claim is appropriate after you were injured on the job at a job site. However, it is also important to look into questions about who owns the property and what responsibilities the owners have for people engaged in roofing, ditch digging, blasting or repair work on their land.
Charleston Premises Liability Lawyers Serving West Virginia Clients
At Bailey, Javins & Carter, L.C., we go to great lengths to determine all liable parties and all sources of compensation for our clients who have suffered serious injuries on the job as well as in their private lives. We are experienced and effective at investigations into premises accidents, including on-the-job injuries. If we accept your workplace injury case, we will likely look into factors such as:
- Evidence of OSHA safety regulation violations leading to hazards for workers on a job site
- Chain-of-command issues such as whether there were multiple employers on-site, and whether you were classified as an employee or a contractor
- Evidence of hazardous conditions such as uncovered ditches or broken water pipes
Whether you suffered a spinal cord injury in a heavy machinery accident, burn injuries in an explosion at a workplace or broken bones in a fall accident while engaged in construction activities, Bailey, Javins & Carter, L.C., is a valuable resource. We are available to evaluate your case at no cost. If you decide to retain our services, you will not pay attorneys’ fees until and unless you receive compensation.
Common Premises Liability Accidents and Injuries
Slips and falls are the most common type of premises liability accident, but there are several other events that happen frequently on the property of other parties:
- Dog bites and other animal attacks
- Snow and ice accidents
- Accidents caused by elevator and escalator malfunctions
- Swimming pool accidents
- Amusement park accidents
- Day care accidents (e.g., door getting closed on a child’s hand/fingers or child getting hurt on playground equipment)
- Injuries resulting from fires and explosions
- Exposure to toxic substances
- Assaults that happen because of negligent security
A premises liability accident can result in moderate to severe injuries, which may include:
- Sprains and strains
- Bruised ribs and other internal injuries
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Soft tissue injuries
- Burn injuries
- Fractures/broken bones
Legal Options for Work-Related Premises Liability Accidents in West Virginia
As mentioned previously, employees who are injured on the job are generally entitled to workers’ compensation benefits (if the employer has workers’ comp coverage), but these benefits are fairly limited. They do cover you for reasonable and necessary medical expenses, a percentage of lost wages, and some other reimbursements, but they do not give you any compensation for the intangible losses that you may have suffered because of the premises liability injury.
The toll a personal injury takes goes far beyond just the financial costs, there is also the physical pain-and-suffering the victim endures, the emotional distress of having their lives severely disrupted and not knowing when things will get back to normal, the inability to take part in activities they once enjoyed, and other similar issues. Reimbursement for these losses can only be obtained through a personal injury claim.
In most instances, an employee will not be allowed to sue an employer in West Virginia for a workplace injury if workers’ compensation is available. However, there are rare cases in which an employer’s deliberate actions can be tied directly to an employee’s injury, in which case they may be able to file a deliberate intent claim. That said, these cases are extremely difficult to win, and you should definitely talk this over with an experienced attorney before you consider going down this route.
Outside of your employer, there are a number of other parties that could be responsible for a premises liability injury on the job:
At many job sites, there are a number of contractors and subcontractors that are frequently called in to perform various tasks. This is particularly true with industries like construction, where at a typical site, there may be dozens or sometimes hundreds of individuals working close to each other, many of which are not employed by the construction company. If one of these contractors or subcontractors creates a hazard that causes an employee to get injury (e.g., loose wiring that is not secured causing a trip and fall accident), they can be held responsible for the injury.
As we talked about earlier, owners have a responsibility to take reasonable measures to ensure that there are safe conditions for those who are performing work on the property. This means fixing any known hazards or giving property visitors adequate warning that these hazards exist. When a property owner fails in their duty to properly secure their premises, then an injured worker may have the right to file a premises liability claim against that owner.
Faulty Equipment Makers
Defective or dangerous machinery or equipment can cause all kinds of problems in the workplace. One common example as it relates to premises liability accidents is when faulty machinery causes an explosion that results in trauma-related injuries or severe burns. When an injury is caused by a defective or dangerous product, it may be possible to bring a product liability claim against the product manufacturer, supplier, or distributor.
Free Initial Consultation with a West Virginia Premises Liability Attorney
Every injury case is unique and fact specific. If you were injured on someone else’s property, you can turn to Bailey, Javins & Carter, L.C., with confidence. We have nearly five decades of experience fighting for those who have been injured through no fault of their own, and we are ready to go to work for you.
Contact our firm to schedule a free initial consultation with our personal injury lawyers in Charleston, Logan or Summersville.
We work on a contingency basis. We don’t get paid unless you do.