West Virginia Coal Mining Accident Lawyer
A West Virginia Coal Mining Accident Lawyer Explains Workers’ Compensation Benefits
Workers’ compensation benefits are one of the best ways of getting some type of compensation after sustaining a coal mining accident and these benefits can help you recover financial losses when you receive medical treatment and even for a salary that you are unable to collect because you cannot go back to work. However, some people wonder if they can file a claim for workers’ compensation benefits and sue their employer for their injuries. Below, a West Virginia coal mining accident lawyer offers more information on when it is appropriate to file a lawsuit or file for workers’ compensation benefits and why it is not recommended that you do both.
Do All States Have Workers’ Compensation Benefits Laws?
All states have some form of workers’ compensation benefits, however, these laws vary from state to state. A coal mining accident lawyer can explain what the workers’ compensation laws are in the state of West Virginia.
Generally, when you file for your workers’ compensation benefits, you are not allowed to file a lawsuit against your employer to receive further damages. You are essentially waiving that right when you file your claim. Although many people might think that filing a lawsuit will get them more money, workers’ compensation is typically more predictable and allows the injured employee to begin receiving their monetary benefits sooner, thus, there is less payment for your injuries out-of-pocket.
Are There Any Drawbacks to Receiving Workers’ Compensation Benefits?
While a lawsuit is often lengthier and costs a great deal of money, workers’ compensation benefits claims are not perfect. Two major drawbacks are:
- There are limits to the number of workers’ compensation benefits
- You cannot file for punitive damages in a workers’ compensation claim
When Is It More Appropriate to File a Lawsuit?
In some cases, your injury may be grounds for filing a lawsuit instead of a workers’ compensation claim. There are a few reasons this may be the case:
- Your employer cannot cover you with workers’ compensation insurance. If your employer has no workers’ compensation insurance or if their insurance is so insufficient that it does not cover your damages, a coal mining accident lawyer can help determine if filing for a lawsuit will be a better tactic for recovering the damages you need.
- Your employer intentionally set out to harm you. If you were up on a ladder and a damaged step caused you to fall and break your arm, you likely have a reasonable workers’ compensation claim. However, if your employer was walking by you while you were up on a ladder and intentionally pushed the ladder to make you fall, then a lawsuit may be a better route to take.
What Do You Need For a Lawsuit?
To file a lawsuit, you will need to provide some form of evidence that shows your employer did not have the necessary insurance or that they intentionally harmed you.
How Can a West Virginia Coal Mining Accident Lawyer Help Me?
An attorney can help determine the best route to take with your case, whether it is more appropriate to file for workers’ compensation benefits or if you should file a lawsuit. If you have any questions regarding workers’ compensation benefits and sustaining an on-the-job injury, contact the attorneys at Adams Legal Group PLLC.