Under West Virginia law, the general legal principle is that workers’ compensation is the exclusive legal remedy for workplace injuries – as far as your employer is concerned. The fact that your employer followed state law and purchased workers’ compensation insurance renders them immune from lawsuits under most circumstances.
You can only sue your employer in very limited situations. For example, you might file a lawsuit against the employer if they had a deliberate intent to harm you, which includes knowingly exposing you to conditions where certain safety measures were removed and they knew you could have been injured.
If you wish to file a personal injury lawsuit for your workplace injuries, it will usually be against someone other than your employer. Never wait to discuss the possibility of a third-party claim with a workplace injury attorney.
You May Get More Compensation Through a Personal Injury Lawsuit
You have every financial incentive to file a personal injury lawsuit. Although workers’ compensation acts as a safety net, it also means that you generally receive less money for your injuries. Workers’ compensation benefits primarily entitle you to coverage for your medical care and a portion of your lost wages up to the limit set by West Virginia law. You are not allowed to seek any benefits to cover pain and suffering and any other non-economic losses you have sustained through workers’ comp. Thus, the amount of your financial recovery is limited.
Third Parties Can Be Liable in Personal Injury Lawsuits
In certain circumstances, you may file a lawsuit against someone other than your employer who was responsible for your injury. The defendant must be a third party. The legal concept is that a third party owes you a duty of care according to their relationship with you. Your legal relationship with a third party differs from that with your employer, who is largely immune from lawsuits because they purchased workers’ compensation insurance.
When you have suffered an injury on the job, a personal injury attorney will review the facts of your situation to determine whether there is someone else who you can sue. Depending on how your injuries happened, there are several types of third-party lawsuits you may be able to file, and there can even be more than one defendant in your lawsuit.
Potentially Responsible Third Parties for Your Workplace Injury
Third-party defendants in your personal injury lawsuit can include:
- The maker or seller of a defective product: You may have been hurt by a defective product, such as a ladder or power tool. Here, you might sue the manufacturer or others involved in the stream of commerce that resulted in the product being made or sold. You win your product liability lawsuit when you can prove that there was a marketing, manufacturing, or design defect. For example, a power tool might have been missing the appropriate safety guards that could have prevented your injury.
- A driver: You may have been injured when you were driving for your job. Then, the standard car accident laws apply to your case, and you can win a lawsuit when you can prove that the other driver involved in the crash was negligent.
- Another business: You may have suffered an injury due to the actions of someone else who does not work for your employer. For example, numerous contractors and subcontractors may be present at a construction site. If you have been hurt in an accident caused by another contractor, they likely owed you a duty of care and have no immunity from lawsuits based on their negligence.
- Property owners: Your job may have required you to be on the property of another party. You might have left the usual job site to run an errand for your employer, or you may have been working on someone else’s property (such as when you are a construction worker). You may file a premises liability lawsuit against the property owner if their negligence injured you.
- Service providers: Your employer may have hired a third party to provide them with services. This third party could be liable for your injuries.
Our firm can investigate the cause of your injuries and identify any liable third parties, as well as the cause of action for the lawsuit.
How to Prove and Win a Workplace Injury Lawsuit
Product liability lawsuits are different because you need to prove a product defect instead of negligence (although negligence is a potential legal theory in these cases). You need to prove the following to win a workplace injury lawsuit:
- Someone else owed you the duty of care
- They breached the duty of care by doing something unreasonable under the circumstances
- You suffered an injury
- You would not have been injured had it not been for the actions of the other party
You must provide evidence of negligence to meet your burden of proof. You need to show by a preponderance of the evidence that someone else acted wrongfully. Your personal injury attorney will work to gather this evidence for your case.
You Can Still File for Workers’ Compensation
In the meantime, you can still claim workers’ compensation benefits. You do not have to prove any fault to qualify for these benefits. All you need to do is show that you suffered a job-related injury. You can continue to be paid benefits while your lawsuit is pending. If you receive a settlement or jury award, the workers’ compensation insurance company might seek repayment of your benefits from your financial recovery. If you do not win your case, you can keep the money you have already received and continue to receive benefits as long as you are eligible under the law.
Contact a Morgantown Personal Injury Attorney Today
If you have a job-related injury, a personal injury attorney at The Desai Law Firm can review your case to determine whether you can sue a third party for your injuries. You should call us as soon as possible after your injury at (304) 974-1974 or visit our website to speak with a personal injury lawyer. You never pay us anything unless you receive money for your workplace injuries.
