Professionals in the energy sector in West Virginia might install solar panels, maintain electrical infrastructure or work in coal mines. They may potentially get hurt on the job, as most energy sector jobs come with a variety of workplace hazards.
Coal miners are at risk of cave-ins and dangerous gases, as well as contact with equipment and falls. Falls are also a risk for those working to maintain or repair electrical infrastructure. Motor vehicle collisions while on the job, electrocution and machinery malfunctions are all potential sources of injury for those working in the West Virginia energy sector.
Professionals who have medical expenses and who cannot return to work because of their injuries may need to review the circumstances leading to their injuries with a skilled legal team to determine what options they may have available.
Workers’ compensation could be helpful
Most West Virginia employees have the option of filing a workers’ compensation claim for work-related injuries. Any injuries sustained while on the clock and performing job functions could make a worker eligible for benefits. Even work-related illnesses and cumulative trauma can lead to workers’ compensation benefits. Workers could receive full medical coverage for their treatment and also wage replacement benefits if they cannot work or must perform lower-paid job functions.
Litigation might be possible
Most of the time, professionals hurt on the job cannot sue their employers. Even in scenarios where the company may have inadvertently contributed to a dangerous situation, compliance with workers’ compensation regulations typically protects employers from direct liability for worker injuries and employee lawsuits. However, there are exceptions in cases involving intentional harm to workers. If a company clearly and intentionally violates coal mining safety standards, for example, the refusal to follow safety regulations could open a business up to litigation.
An injured worker and the lawyer assisting them must convince the court that the employer knowingly and intentionally exposed the worker to a dangerous situation that was likely to result in injuries. If a worker can show that safety violations were the result of an employer’s deliberate intent, they may have grounds for a lawsuit.
Particularly in cases where energy sector professionals want to file lawsuits in addition to or instead of workers’ compensation claims after a workplace accident, they may need support from an attorney. An attorney can assist an injured employee as they evaluate their options for compensation, file a benefits claim or prepare for litigation against an employer and/or third party in qualifying circumstances.