Suffering a catastrophic injury on the job can change your life in an instant. Whether the accident caused traumatic brain damage, a spinal cord injury, severe burns, or another type of permanent disability, the consequences can be overwhelming. For injured workers in West Virginia, one of the most important questions that comes up is whether you can sue your employer for a catastrophic workplace injury.
The answer to this question is nuanced. For most cases, West Virginia law limits your ability to sue your employer directly for work-related injuries. However, there are important exceptions that may allow you to file a lawsuit against your employer or a third party and recover significantly more compensation than workers’ compensation alone provides. Our West Virginia personal injury attorneys can help you understand your rights and your options.
At Johnstone & Gabhart, we are fierce advocates for clients who have been hurt in all types of accidents, including on-the-job incidents such as construction accidents. We explore every avenue to help our clients get maximum compensation for their injuries. Reach out to our law firm today to schedule a free initial consultation with a Charleston, WV, catastrophic injury lawyer.
What Is a Catastrophic Injury?
A catastrophic injury is generally defined as a severe injury that results in long-term or permanent disability, disfigurement, or loss of bodily function. These types of injuries often require extensive medical care. They also may prevent a person from ever returning to work.
Common examples of catastrophic injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Severe burns
- Amputations
- Organ damage
- Multiple fractures
These types of injuries often result in significant financial losses, including long-term medical care, rehabilitation, and lost earning capacity. In addition, they often cause intangible losses such as reduced quality of life, emotional distress, and pain and suffering.
The General Rule: Workers’ Compensation Is an Exclusive Remedy for Work Injuries
In West Virginia, most workplace injuries (including catastrophic injuries) are handled through the state’s workers’ compensation system. Workers’ comp is a no-fault system that provides benefits such as medical expenses, wage replacement, vocational rehabilitation, and death benefits for surviving family members.
Because workers’ compensation is a no-fault system, you do not have to prove that your employer did something wrong to get benefits. The trade-off is that workers’ comp is generally an exclusive remedy. This means that employers who carry workers’ compensation insurance (as required by state law) usually cannot be sued for work-related injuries.
In practical terms, the exclusive remedy rule means that you cannot typically sue your employer for negligence. It also means that you are limited to workers’ compensation benefits, which do not include money for things like pain and suffering.
The workers’ compensation system is often a great way to ensure that injured workers get the money that they need without having to file a lawsuit and prove fault. However, this system often falls short in catastrophic injury cases where a person’s long-term needs may be substantial.
Exceptions to the Exclusive Remedy Rule
There are a few key exceptions to the general rule that you cannot file a lawsuit against your employer for a work-related injury. This includes the following situations:
- Deliberate intent by the employer to cause injury
- The employer’s failure to maintain workers’ compensation coverage
The deliberate intent exception is most often used as a way to get around the exclusive remedy rule. It allows an employee to bring a civil lawsuit against their employer if the employer knowingly exposed the worker to a dangerous condition.
To succeed in a deliberate intent lawsuit, you must prove the following:
- A specific unsafe working condition existed.
- The condition posed a high risk of serious injury or death.
- The condition violated a safety law, regulation, or industry standard.
- The employer had actual knowledge of the danger.
- The employer intentionally exposed the employee to the condition, resulting in injury.
This is a high legal burden to meet. However, it is one of the most important ways for an injured worker to get full compensation in catastrophic injury cases.
There are many different situations that may support a deliberate intent claim. For example, if a company ignores repeated OSHA violations, that could lead to a personal injury lawsuit for a work injury. Other examples include:
- An employer intentionally removes safety guards from machinery.
- Workers are required to operate equipment that is known to be defective.
- Employees are exposed to toxic substances without proper protection.
- A hazardous condition is reported, but not corrected.
In each of these situations, the key factors are the employer’s knowledge and intentional exposure to danger. If you believe that your employer intentionally exposed you to an unsafe working condition, then you may be able to file a lawsuit on this basis.
For deliberate intent claims, West Virginia also requires proof of a serious compensable injury. This may include injuries that:
- Result in permanent impairment of at least 13%
- Cause significant loss of function or permanent disfigurement
- Involve major neurological or organ damage
- Are expected to result in death within a defined time frame.
Many catastrophic injuries meet this threshold. That makes these types of cases strong candidates for deliberate intent claims.
In addition to direct intent claims, you may also be able to sue your employer directly if your employer did not carry workers’ compensation insurance as required by West Virginia law. In these cases, your employer may lose key legal defenses. You can also pursue full damages in court, as West Virginia law holds uninsured employers fully liable for workplace injuries caused by their negligence.
These types of cases can be incredibly complex. Stepping outside of the workers’ compensation system in catastrophic injury claims is often the best way to get the money that you need to move forward with your life. Our West Virginia personal injury attorneys can analyze the facts of your case and determine if you may be able to file a lawsuit against your employer for your work injury.
Filing a Third-Party Personal Injury Lawsuit for a Work Injury
Even if you cannot sue your employer directly, you may still have legal options depending on the circumstances of your injury. If a third party was responsible for your catastrophic injury, you could potentially file a lawsuit against them.
Third-party lawsuits for work-related injuries can arise in many different situations. For example, you might be able to file a lawsuit against an equipment manufacturer if defective machinery caused your injury. You could also potentially sue:
- Contractors or subcontractors on the same job site
- Property owners
- Drivers in work-related vehicle accidents
Consider a situation where you suffer a crushing injury when an employee of another subcontractor on a construction site accidentally pins you against a wall with a piece of heavy machinery. This results in catastrophic injuries. In this situation, you could file a lawsuit against the subcontractor for your injuries.
West Virginia law specifically allows injured workers to pursue claims against third parties, even if they are receiving workers’ compensation benefits. In some situations, this is the best way to get full compensation for your losses after a catastrophic work-related injury.
A personal injury lawsuit offers the possibility of recovering far more than medical expenses, wage replacement, and vocational rehabilitation. Through a third-party lawsuit, you can recover financial compensation for all of your losses. This may include money for:
- Economic damages such as medical bills, future medical treatment, lost wages, reduced earning capacity, and other expenses (such as the cost to renovate your home to make it accessible).
- Non-economic damages, including pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
In some cases, you might even be able to recover punitive damages. These damages are meant to punish a person who engaged in intentional or reckless behavior. While punitive damages are rare, they can be awarded in certain claims.
In a catastrophic injury case, it is particularly important to get maximum compensation so that you have the financial support that you need. Our law firm is adept at navigating these highly complex claims. We will help you fully explore all of your options and get the compensation that you deserve.
Compassionate Legal Representation for Injured West Virginians
While workers’ compensation is typically an exclusive remedy, there are situations where you can sue your employer directly for a catastrophic work injury. You may also be able to sue a third party for your injuries. Our team of experienced West Virginia personal injury lawyers will work with you to help you get fair compensation for your losses.
Based in Charleston, Johnstone & Gabhart represents catastrophic injury victims in all types of West Virginia personal injury cases. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a West Virginia catastrophic injury attorney, give us a call at 866-808-2016 or fill out our online contact form.
Related: Can You Sue for a Catastrophic Injury at Work in West Virginia?
