A Lawyer Helping Victims of An Industrial Accident Injury In West Virginia
If you have suffered an industrial accident injury, you are entitled to receive financial compensation for your medical expenses, lost wages, and pain and suffering. Attorney David A. Sims helps injured parties in West Virginia to file claims and lawsuits to receive the full financial compensation allowed by law for an Industrial Accident Injury.
West Virginia has several thriving industrial industries that fuel the local and national economy. However, many are as dangerous for workers as they are lucrative for the industry owners (who sometimes try to bypass necessary workplace safety procedures to cut costs).
Dangerous Industries Include: Mining, Fracking, Roofing, Construction, and Logging
Some of the most dangerous industries in West Virginia include:
- Hydraulic Fracturing (“Fracking”)
- Roofing & Construction
- Logging/Timber Harvesting
In fact, the two most dangerous industries resulting in injuries and fatalities (mining and agriculture, which includes logging) are the lifeblood of the West Virginia economy (with construction trailing slightly behind at #4).
Pillar Pulling: Cost Convinces Companies to Place Profit Above the Value of Human Life
These jobs CAN be done safely and injuries and deaths can be prevented -but industrial safety requires that appropriate measures be implemented by the owners, supervisors, and crews who are working in these dangerous industries. Cost is usually a factor that convinces industrial leaders to skimp on the proven safety science methodologies that have been shown to be effective when implemented consistently.
Sometimes, despite well known risks, some companies will choose to instruct their employees to conduct themselves in a manner that endangers their lives without providing their employees with the proper safety gear, training, or backup that would reasonably enable the employee to avoid or escape injury and/or death. The employer places profit above the value of human life -and that is never acceptable.
One example is Retreat Mining or “Pillar Pulling.” This method of coal mining is perhaps the most dangerous method of mining in the world. A tunnel is mechanically dug as deep as possible within the earth. Pillars of coal are left to hold up the land or “roof” above the miners. Then, as miners retreat back toward the opening, they harvest the pillars of coal on their way out and the roof collapses behind them.
Sometimes, the collapses can be controlled and all of the pillars can be harvested as the miners back out of the mine. However, in many cases the intense weight of the earth that is held up by the fragile pillars of coal collapses. Pillars of coal explode and sometimes the entire mine collapses, killing everyone in the mine.
Broken Bones, Burns, Collapses, Explosions, Falls, Poisoned Water, and Logging Accidents
The law office of Attorney David A. Sims can help you recover damages from your industrial accident injury, including the following types of claims:
- Broken Bones/Fractures
- Chemical manufacturing
- Coal Dust Explosions
- Construction Accidents
- Crushing Accidents
- Dangerous Smoke and Smog
- Flying Objects
- Hydraulic Fracturing
- Methane Explosions
- Mine Collapses
- Nuclear Exposure
- Poisoned Water from Industrial Accidents
- Railroad Accidents
- Timber/Logging Accidents
- Vehicle & Heavy Equipment Accidents
Know Your Rights: Worker’s Compensation: Self-Employment and Employee Status
It is important to know your rights. Your industrial accident injury claim is in addition to your worker’s compensation claim and must be filed separately. The two are mutually exclusive and the claim from one does not have any effects on the other.
Additionally, there is an important distinction in status between self-employment and employee. You may have been told that you are ineligible to make a claim against your employer because you are considered self-employed by your employer.
You can learn more about the difference between
being classified as self-employed versus being classified as an employee at the website of the IRS.
However, in many cases you may discover that according to federal law, you are actually an employee rather than a self-employed contractor (regardless of what your employer claims or how you are paid). Many industries (construction, mining, logging, etc.) attempt to avoid their full legal responsibilities by falsely and fraudulently claiming that their employees are self-employed. Although the formula that is applied is complex, you may be an employee that was falsely classified as self-employed if any of the following apply:
- The employer controls the hours worked and how the work is completed
- The employer handles the financial aspects of the business
- The employer provides tools and supplies
- The work relationship between employer and employee is continuing
(If you have worked for the same employer for several years, even if on different job sites, you are probably an employee)
If Your Employer Placed You in Danger Intentionally, You May Have a Mandolidis or Deliberate Intent Claim
If you believe that your employer placed you in danger intentionally (he knew about the danger, but you did not), you may have a special type of claim (a Mandolidis claim). Contact us for further details. If you believe that you or a loved one may have a claim for financial compensation for injuries suffered in an industrial or work environment, call Attorney David A. Sims for a free initial consultation. We will answer any questions that you may have and we will work hard to get you the full legal amount of compensation for your loss.
Call our law firm today: (304) 428-5291.