Injured at the Workplace: What are my Rights?

workplace injury

If you live in West Virginia and have sustained injuries at work, you are entitled to specific compensation. Although legal representation is not required, many people find it advantageous to turn workplace injury cases over to a qualified Charleston job injury attorney, such as a legal expert at Freeman & Chiartas.

Understanding Worker’s Compensation

Worker’s Compensation is essentially insurance paid for by your employer. It provides benefits if you are injured on the job. Employers in West Virginia with three or more workers must offer this type of insurance.


According to West Virginia law, you are entitled to worker’s compensation for any job related injury. Work related illnesses are also covered, such as mesothelioma, black lung disease and pneumoconiosis. However, certain exclusions apply, such as self-inflicted injuries or injuries sustained while under the influence of drugs or alcohol.

Time Frame

All illness or injury claims must be submitted within six months from the date the incident took place. Seeking the advice of an experienced attorney at Freeman & Chiartas is a wise course of action, as placing your case in the hands of a lawyer significantly lessens your levels of stress and anxiety.

Types of Benefits

There are several types of benefits to which you may be entitled after sustaining an injury on the job. These include compensation for medical services, and temporary or total disability benefits. The latter go into effect if a medical professional states that you are unable to work during your recovery. If this is the case, you can receive weekly benefits totaling 66.67 percent of your average weekly wages for up to 104 weeks.

Temporary partial rehabilitation disability benefits and permanent partial disability benefits may also be awarded. If your injuries are severe and permanent and you are unable to work at all in the future, you may be eligible for permanent total disability benefits.

Claim Denials

A qualified Charleston job injury attorney with experience in workplace injury cases can assist you to file a written protest if your claim is denied. This must be filed with the Workers’ Compensation Office of Judges.

Regardless of the type of injury or illness you sustained, protect your rights by contacting an experienced Charleston WV personal injury lawyer today.