Injured at Work
You’ve Been Injured on the Job: Do You Know What to Do Next?
Accidents, of course, can happen. Especially on the job as that’s where you, like most Americans, spend the majority of your time. Hopefully, the accident was minor. However, if you were injured in a workplace accident that produced serious injuries, you have rights and your employer has certain legal responsibilities.
What happens after you file for worker’s compensation benefits? In Virginia and West Virginia, you may be able to file what is called a “third party action” against the responsible party. This law can get very complex though, and to a great extent, the actions you take now may have a negative effect on a case.
That’s why it’s important you speak to a qualified lawyer who has experience handling third party actions. Your lawyer will be able to answer your questions about paying bills, what to do if you can’t return to work, and where to go for medical treatments. And, most importantly, how you can get your life back on track after the accident.
Can I Sue My Employer?
If you want to sue your employer, here’s what you need to keep in mind:
- In Virginia, actions against your employer are prohibited. Filing for workers’ compensation benefits (which are inadequate in my opinion) is your only remedy.
- In West Virginia, under certain facts and circumstances, the injured employee can sue his employer. These cases are referred to as “deliberate intent,” or Mandolidis cases. If you were hurt as a result of unsafe conditions in which your employer was specifically aware of, a direct action against the employer may be possible.
Attorney Paul Thomson: Experienced Workplace Injury
If you’ve been seriously injured in a workplace accident, you’re probably concerned and anxious about the future. You probably can’t return to work, and the medical and house bills are piling up. I understand, because I have worked with dozens of victims who were injured from on-the-job car wrecks and by machines and equipment.
My name is Paul Thomson and I am licensed to practice law in Virginia and West Virginia. I’ve appeared in many West Virginia courts and have successfully tried worker’s comp cases in the state. I also have successfully handled third party actions including
- defective products
- car accidents
- injuries caused by other workers, such as other sub-contractors
- safety violations (premises liability and modified equipment)
- injuries caused when operating construction equipment (including heavy equipment such as a Kubota tractor, a Caterpillar D-10 tractor (large scale bulldozer), fluid filled couplers and other commercial vehicles).
If you need help from an experienced Work Injury Attorney to determine what rights you have, we can discuss your situation and the circumstances regarding your injury. I’ll give you honest, helpful answers so you can make a decision on how to confidently move forward. Call my office at (540) 777-4900 or toll free at 1-877-471-3353. As always, there is no charge, and no obligation required.