Workers’ compensation pays benefits regardless of who was at fault for the accident. When filing a personal injury or wrongful death case, however, it is important to determine who was at fault. Personal injury law is based on negligence.
While employers are generally protected from being sued by employees for on-the-job injuries, you would have the right to sue your employer in West Virginia in cases of deliberate intent. You would also have the right to sue a third party, such as the company that manufactured or installed the scaffolding.
The following are examples of negligence in scaffolding accident cases:
Scaffolding collapses
Failure to install tie-downs
Failure to provide safety harnesses or nets
Scaffolding that is defective or improperly installed
The sooner you contact our attorneys, the sooner we can investigate the causes of the accident and determine who is responsible. In some cases, more than one party may be liable.
Filing a personal injury lawsuit will allow you to collect compensation for damages that are not covered by workers’ compensation, such as pain and suffering. Our lawyers will coordinate your workers’ compensation and personal injury claims, so you recover the maximum compensation from all sources.