While most people think of an employee as the victim in a workplace injury situation, it is pretty standard for there to be shared responsibility between the employer and the employee that leads to the employee’s injuries.
Establishing liability
Establishing liability promptly is crucial because West Virginia law assesses this type of claim based on comparative fault, meaning the court can determine the degree of responsibility of both the employer and the employee.
How comparative fault works
Under West Virginia’s laws, the court will assess the percentage of fault attributed to each party if the employer and the employee contributed to the accident.
For example, if the court determines the employee was 30% responsible for the accident, the employee is considered 30% at fault. Therefore, any damages awarded to the employee are reduced by 30%.
To have a clear picture of the accident, the employee must document the incident wholly and thoroughly, gathering as much evidence as possible, including photos, videos and witness information.
In addition, if the employee is injured, they must keep track of their medical records, treatment plans, and surgical interventions.
Even if an employee is partially at fault in a workplace accident, they may still be able to recover benefits from workers’ compensation. However, the employee may be unable to make a claim based on pain and suffering.
Pain and suffering
When seeking damages for pain and suffering, there are other avenues the employee can take, such as a personal injury claim against a negligent employer.
Attorneys play a critical role in ensuring you receive the best outcome possible.