Workers Compensation

Workers compensation provides compensation to employees who suffer work related injuries and illnesses. It is a state mandated insurance program.

Each state, including West Virgina, has its own workers compensation laws. Federal government has a separate workers compensation program for federal employees. Under workers compensation laws, an employee who suffers a work related illness or injury is entitled to compensation. The employee is entitled to compensation regardless of who was at fault. If the employee avails the compensation under workers compensation laws, the employee cannot sue the employer in court for damages for those injuries. The employer has to purchase insurance for the employees from an insurance company. Some states exempt very small companies with fewer than three to four employees from this requirement. In some states, very large and financially stable companies are allowed to act as their own workers' compensation insurance companies. When an employee is injured, the insurance company pays medical and disability benefits according to a state-approved formula.

A West VA workers compensation lawyer will help you file your lawsuit, which starts by talking to an attorney about your case. To qualify for workers compensation, the injury or illness need not be caused by an accident. The injury or illness may be caused by overuse or misuse over a long period of time. Workers are entitled for compensation for some illnesses and diseases that are the gradual result of work conditions. The injury or illness need not happen at the workplace. It only needs to be related to the work. Workers compensation laws list specific illness which when contracted by employees working with certain toxic substances, including silicosis and other dust diseases, dermatitis, anthrax, lead, mercury and radium poisoning is considered occupational illness. Generally any disease or condition which is contracted or aggravated due to the nature of the employment may be covered under the workers compensation laws. The common types of diseases covered by workers compensation laws are:

• Carpal Tunnel Syndrome in clerical workers and poultry industry employees
• Byssinosis amongst textile industry employees
• Radiation sickness in workers exposed to nuclear materials and X-Ray technicians
• A number of infectious disease amongst healthcare providers
• Anthrax and tularemia amongst wildlife conservationist and other wildlife workers
• Partial or entire loss of hearing for a number of types of employees
• Dermatitis or skin inflammations workers exposed to insulation, hazardous chemicals, and other harsh manufacturing agents
• Asbestosis and mesothelioma amongst miners and persons employed in buildings with asbestos exposure
• Black lung or pneumoconiosis among mining industry employees
• Various types of skin cancer and melanomas for employees under chronic sunlight exposure

Under workers compensation laws, the injured worker is entitled to replacement income, medical expenses, and sometimes, vocational rehabilitation benefits. However one need to keep in mind that the compensation paid is often very modest. If the worker is temporarily unable to work, he is entitled to receive two-thirds of his average wage up to a fixed ceiling. If the injury or illness results in the worker becoming permanently unable to do the work he was doing prior to the injury, or unable to do any work at all, the worker may be eligible to receive long-term or lump-sum benefits depending on the nature and extent of the injuries. Compensation under workers compensation laws is tax-free.

If you have suffered from a work place related injury or illness, you may be entitled to payment under workers compensation laws.