Workers’ Compensation and Social Security Disability Attorneys

After a workplace injury occurs, it is critical for employees to take steps as soon as possible to protect their rights to receive workers’ compensation benefits. Contrary to popular misconceptions, workers’ compensation is not a government handout. It is a form of insurance that employers pay into on behalf of workers, with the expectation that those funds will be used to replace lost wages and pay medical expenses for people injured on the job.

Sources of Help for Injured Workers

Workers’ compensation, Social Security disability (SSD), Supplemental Security Income (SSI) and personal injury lawsuits are all potential sources of compensation for employees who have been injured on the job. The first step in exploring all available options for help after a workplace injury is to request a free initial consultation with a lawyer who is experienced in helping injured employees obtain maximum compensation. Our firm handles all workers’ compensation and social security legal matters for West Virginia clients, including:

• Denied Disability Claims 
• Mental Health Claim Denials
• Physical Impairment Denial
• Occupational Disease and Illness Claim Denial 
• Social Security Disability Laws in West Virginia
• Social Security Disability Insurance

Can I Sue My Employer? If I Am Hurt on the Job, What Are My Options?

In most cases, an injured worker does not sue his or her employer per se. Rather, the injured person makes a legitimate claim to receive workers’ compensation benefits. Contact the law offices of Bailey, Javins & Carter, L.C. to schedule a consultation with an experienced workers’ compensation attorney. However, under West Virginia law, if the injury is the result of exposure to an unsafe condition the employer knew existed or had reason to know existed, an injured worker may file suit against the employer.

When Is a Workplace Injury Not Just Resolved Through a Workers’ Comp Claim?

Sometimes, a workplace accident occurs as a result of negligence of a third party other than the employer. An equipment manufacturer, a subcontractor or a delivery service may be held accountable through personal injury litigation for injuries caused to workers who are not their own employees and at job sites where they perform services or provide tools and equipment.

We work on a contingency basis. We don’t get paid unless you do.

Contact Bailey, Javins & Carter, L.C.

Contact us at the law offices of Bailey, Javins & Carter, L.C. to schedule a no-risk discussion with one of our attorneys. We have recently associated and merged our practice with a long-established workers’ compensation, social security and bankruptcy lawyer Robert Noone, in order to provide comprehensive legal counsel and representation to people injured at work, both through workers’ compensation and by way of personal injury claims.

Understanding Third-Party Liability in Workplace Injuries

What Happens When You’re Injured at Work?

Getting hurt on the job can be overwhelming. In most cases, injured workers file a workers’ compensation claim to receive benefits for their medical expenses and lost wages. However, there are situations where an employee may be able to take legal action beyond workers’ compensation.

For instance, if an employer does not carry workers’ compensation insurance and their negligence caused the accident, the injured worker may have the right to sue them directly. Additionally, in some states like West Virginia, employees may be able to file a deliberate intent claim against their employer. These claims require extensive proof and are legally complex, making it essential to consult an experienced attorney before proceeding.

Another potential legal path is filing a third-party liability claim. This type of claim allows injured workers to seek compensation from a responsible party other than their employer, which can provide additional financial relief beyond workers’ compensation benefits.

When is a Third Party Responsible for a Workplace Injury?

Many workplace injuries involve more than just employer negligence. Depending on the nature of the job, workers interact with various individuals and entities that could contribute to an accident. When a party other than the employer is responsible for an injury, the injured worker may have the right to file a lawsuit against them.

Here are some examples of third parties that could be held liable for workplace accidents:

Contractors and Subcontractors

On construction sites, oil rigs, coal mines, and other industries, multiple contractors and subcontractors work together. If a worker is injured due to the negligence of a contractor or subcontractor who is not their direct employer, a third-party claim may be an option.

Vehicle Drivers

Workers who drive as part of their job, such as truck drivers, delivery personnel, or construction site workers, face the risk of motor vehicle accidents. If another driver causes an accident while the worker is on duty, a claim can be filed against that driver or their employer.

Defective Products and Equipment

Many workplace injuries occur due to malfunctioning machinery, defective tools, or unsafe equipment. If a faulty product causes harm, the manufacturer, supplier, or distributor could be held responsible through a product liability lawsuit.

Property Owners

If an employee is working at a location not owned by their employer, the property owner is responsible for maintaining a safe environment. If an injury occurs due to unsafe conditions, the worker may be able to pursue a premises liability claim against the property owner.

Benefits of a Third-Party Liability Claim

Unlike workers’ compensation, which typically only covers medical expenses and lost wages, a third-party claim allows an injured worker to seek additional damages, including:

• Medical Costs: Coverage for current and future medical treatments related to the injury.
• Lost Wages and Earning Capacity: Compensation for wages lost due to time off work and potential future earnings if the injury affects long-term employment.
• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
• Punitive Damages: In cases where the third party acted recklessly or with gross negligence, additional damages may be awarded as punishment.

Since a third-party claim involves proving negligence, having strong legal representation is important. Unlike workers’ compensation, which provides benefits regardless of fault, a third-party lawsuit requires evidence that the responsible party’s actions directly caused the injury.

Proving Negligence in a Third-Party Claim

To succeed in a third-party claim, the injured worker must establish the following:

1. Duty of Care: The responsible party had a legal obligation to act safely and avoid causing harm.
2. Breach of Duty: The responsible party failed to uphold their duty through negligent or reckless actions.
3. Causation: The negligent actions directly resulted in the workplace injury.
4. Damages: The worker suffered actual losses, such as medical expenses, lost wages, or pain and suffering.

Gathering evidence, witness statements, accident reports, and expert testimony can strengthen a case. Given the complexities of these claims, working with a skilled attorney can significantly improve the chances of a successful outcome.

Understanding the Emotional Impact of Workplace Injuries

Workplace accidents can lead to a range of devastating consequences, from physical injuries and hefty medical bills to lost wages due to time off work. Beyond these tangible losses, the emotional scars of a workplace injury can be just as profound, if not more so. This emotional distress, often overlooked, deserves careful consideration.

What is Emotional Distress?

Emotional distress, sometimes called psychological distress, refers to the psychological trauma and negative emotions resulting from a traumatic event like a workplace injury. It’s distinct from physical pain and suffering, though often intertwined. While pain and suffering relate to the physical discomfort, emotional distress encompasses the mental and emotional anguish.

Limitations of Workers’ Compensation

It’s crucial to understand that workers’ compensation programs typically don’t cover these intangible losses like emotional distress. Workers’ compensation focuses on providing benefits for medical expenses and lost wages, but it doesn’t address the psychological impact of the injury. Therefore, if you’re seeking compensation for emotional distress, you’ll likely need to explore other legal avenues.

Pursuing a Personal Injury Claim

Often, this involves filing a personal injury claim against a responsible third party—someone other than your employer or a coworker. This might be a manufacturer of faulty equipment, a subcontractor, or another entity whose negligence contributed to the accident. Consulting with an experienced attorney is vital to understand your options and navigate this process.

Types of Emotional Distress

The emotional fallout from a workplace accident can manifest in various ways. Some common examples include:

• Anxiety and fear about the future and potential long-term effects of the injury.
• Depression and feelings of hopelessness.
• Mental anguish, including feelings of shock, disbelief, and confusion.
• Fright and terror experienced during the accident itself.
• Shame, humiliation, or embarrassment, particularly if the injury affects appearance or abilities.
• Grief over the loss of physical function or the impact on one’s life.
• Despair and a sense of loss of control.

Establishing a Personal Injury Claim

To successfully claim damages for emotional distress in a personal injury lawsuit, you generally need to demonstrate negligence or intentional actions on the part of the defendant. Negligence, the most common basis for these claims, involves proving that the defendant had a duty of care, breached that duty through their negligence, and that this negligence directly caused your injuries, including your emotional distress. Proving intentional infliction of emotional distress is more challenging, requiring evidence of malicious and deliberate actions.

Understanding Psychological Injuries in Personal Injury Law

Accidents often inflict more than just visible physical wounds. The emotional and mental scars can be just as debilitating, sometimes even more so. These psychological injuries, while less tangible, are very real and can significantly impact a person’s life. If you’ve suffered psychological harm due to someone else’s negligence, you may be entitled to compensation. This article explores how the law defines and addresses these often-overlooked injuries.

What Triggers Psychological Trauma?

Psychological injuries can stem from various sources. Sometimes, a single, traumatic event like a car crash, a violent assault, or a near-death experience can trigger significant psychological distress. Other times, the damage accumulates over time, such as in cases of prolonged abuse, exposure to combat, or a consistently dangerous work environment. The nature of the triggering event plays a crucial role in the type and severity of the resulting psychological injury.

Common Forms of Psychological Injury

Psychological injuries manifest in a variety of ways, disrupting a person’s ability to function and enjoy life. Some common examples include:

• Mood Disorders: These disorders, like major depression and generalized anxiety, distort a person’s perception of the world and their ability to regulate emotions. They can significantly impact motivation, overall well-being, and daily functioning.
• Post-Traumatic Stress Disorder (PTSD): Often following a life-threatening or severely traumatic event, PTSD can cause flashbacks, nightmares, and intense anxiety. Everyday life can become a struggle as specific triggers evoke memories of the trauma.
• Traumatic Brain Injuries (TBIs): TBIs can have profound psychological effects, especially when they affect areas of the brain responsible for communication, memory, decision-making, and emotional control. The consequences can be long-lasting and devastating.
• Chronic Pain: Persistent physical pain can also lead to psychological damage. The constant discomfort and limitations it imposes can erode a person’s quality of life, affecting their productivity, social interactions, and overall mental health.

How Psychological Injuries Impact Lives

The legal system recognizes psychological injuries by assessing their impact on a victim’s life. The degree of impairment varies greatly from person to person, even after experiencing similar events. When seeking compensation, it’s crucial to demonstrate how the injury has negatively affected your thoughts, feelings, and behaviors. Courts look for demonstrable impairment in your daily functioning and overall well-being.

It’s important to note that pre-existing conditions don’t necessarily disqualify you from receiving compensation. They simply establish a baseline for your mental health prior to the incident. Any new psychological damage or worsening of pre-existing conditions directly caused by the other party’s negligence is considered when determining compensation.

Seeking Compensation for Psychological Harm

Compensation for psychological injuries is often included in settlements, particularly in cases involving severe or life-threatening events. The types of compensation available can include:

• Medical Expenses: This covers costs associated with therapy, medication, inpatient treatment, and any emergency care related to the psychological injury.
• Lost Wages: Compensation for time taken off work due to the injury, as well as any future loss of income resulting from decreased productivity or ability to work.
• Future Mental Healthcare: Covers the projected costs of ongoing therapy, counseling, and other mental health services needed in the future.
• Pain and Suffering: This aims to compensate for the non-economic damages, such as emotional distress, diminished quality of life, and the overall impact of the psychological injury.
• Mental Anguish: Acknowledges the suffering and reduced enjoyment of life caused by the psychological harm.

Understanding Liability in Workplace Accidents

Workplace accidents are a significant concern, impacting millions of workers annually. The National Safety Council identifies overexertion, equipment malfunctions, and slips, trips, and falls as leading causes. While workers’ compensation provides some financial relief, it often falls short of covering the full extent of an employee’s losses. This article explores the complexities of determining liability in workplace accidents and the potential for pursuing additional compensation.

The Limitations of Workers’ Compensation

Workers’ compensation is a no-fault system designed to provide benefits to employees injured on the job, regardless of who is at fault. It typically covers medical expenses, a portion of lost wages, and some benefits for permanent impairments. However, it often excludes intangible losses like pain and suffering, emotional distress, and diminished quality of life. This limitation leaves many injured workers seeking additional avenues for recovery.

Beyond the Employer: Identifying Liable Parties

While workers’ compensation often prevents employees from suing their employers directly, other parties may be liable for a workplace accident. Determining liability requires a thorough investigation, examining all contributing factors and evidence. Experienced legal professionals play a crucial role in identifying these potentially responsible parties.

Several entities beyond the employer could be held liable, including:

• Contractors and Subcontractors: If a contractor or subcontractor’s negligence contributes to an accident, they may be liable.
• Architects and Engineers: Faulty designs leading to structural collapses or other hazards can hold these professionals accountable.
• Third-Party Drivers: Accidents involving vehicles driven by someone other than the employee can lead to liability for the at-fault driver.
• Property Owners: If an accident occurs on a property owned by someone other than the employer, the property owner’s negligence could be a factor.
• Manufacturers and Sellers: Defective or dangerous equipment or machinery can lead to product liability claims against the manufacturer or seller.

Investigating Workplace Accidents: Uncovering the Truth

A comprehensive investigation is essential to determine liability. This process involves gathering evidence, interviewing witnesses, and reconstructing the events leading up to the accident. Identifying all contributing factors is crucial for pursuing a successful claim against the responsible party.

Case Study: A Product Liability Success Story

A 2020 BJC case highlights the importance of thorough investigation and experienced legal representation. A coal worker suffered severe injuries when his arm became trapped in a roof bolting machine. Initially, other attorneys dismissed the case. However, upon closer examination, it was discovered that the manufacturer of the protective sleeve the worker was wearing could be held liable. The sleeve, marketed as personal protective equipment, lacked warnings about the dangers of wearing it around rotating machinery. This negligence contributed directly to the worker’s injuries. The firm successfully secured a substantial settlement for the injured worker, demonstrating the potential for recovery beyond workers’ compensation.