Workers' Compensation Information Center

Workers' Compensation Information Center

West Virginia Workers' Compensation Defense Attorneys

The workers' compensation defense lawyers of Pullin, Fowler, Flanagan, Brown & Poe, PLLC provide comprehensive, effective and efficient legal representation to insured and self-insured employers throughout West Virginia. In addition to aggressive litigation representation before the West Virginia Workers’ Compensation Office of Judges, the West Virginia Workers’ Compensation Board of Review, and the West Virginia Supreme Court of Appeals, the law firm's attorneys are available to provide individual claim review, analysis, and recommendations.

The following provides general information about workers compensation law. For specific information about the law firm's practice, see their workers' compensation page.

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For more information, contact a Pullin, Fowler, Flanagan, Brown & Poe, PLLC workers' comp defense lawyer.

The workers' comp defense lawyers at Pullin, Fowler, Flanagan, Brown & Poe, PLLC serve clients throughout West Virginia, including Charleston, Beckley, Morgantown, and Parkersburg.

Workers' Compensation - An Overview for Employers

The laws that govern workers' compensation guarantee that an employee who is injured on the job or contracts an industrial disease will receive money benefits to cover lost wages and medical bills. In exchange, the employee may not sue the employer for any negligence. There are sound public policy reasons for the workers' compensation system. First, it offers an efficient way to determine compensation. Second, the no-fault model affords the employer secure knowledge that there will be no expensive and time-consuming litigation. Third, the amount of litigation that work injuries and illnesses could conceivably produce would overwhelm the court system.

Most workers' compensation claims fall under the jurisdiction of the states, so each employer should first look to its own state's workers' compensation law because variations exist from state to state. Some employees and employers fall under federal workers' compensation law, such as most federal employees, maritime, energy, mining and railroad workers. If you are faced with a workers' compensation issue you should seek legal counsel. A workers' compensation attorney is an excellent resource.

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Workers' Compensation Coverage

The workers' compensation system guaranties a worker recovery for an injury that occurred on the job and also protects the employer from being sued in court for the injury. In essence, the employee trades the right to litigate the fault of a workplace injury for a reliable award. This benefits the employer because unpredictable litigation could result in numerous and more costly awards. Workers' compensation can be viewed as no-fault. In other words, there is never a need to prove exactly what happened; regardless of who was at fault, the worker receives compensation.

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Types of Injuries Covered by Workers' Compensation

Workers' compensation covers injuries and diseases arising out of and in the course of employment. Although the most commonly included condition is an injury from a one-time workplace accident, other compensable problems can arise in a number of different situations. The covered injury to the employee does not necessarily need to be from a typical accident, but could be the result of a series of small events that in combination results in a serious condition. Examples of such gradual, cumulative injuries include repetitive stress injuries like carpal tunnel syndrome and back and disk injuries. In addition, coverage is typically given for diseases resulting from exposure to toxic or dangerous chemicals in the workplace. Finally, although the formulas for coverage for mental harm vary greatly from state to state, many states compensate for psychological or emotional damage arising out of the workplace.

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Federal Law and Workers' Compensation

State law governs the majority of workers' compensation situations. Federal workers' compensation laws are applicable to a few notable exceptions, such as workers participating in particular industries, namely certain railroad, maritime, mining and energy employees; certain workers exposed to radiation; and most civilian workers employed by the federal government. Employers need to understand the intricacies of the particular laws that apply to them, whether federal or state. A workers' compensation attorney at our firm is an excellent resource for this information.

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Employer Retaliation

An employer has the legal and ethical duty not to retaliate against an employee who exercises his or her workplace rights. Retaliation in employment is defined as any employer action that has a negative effect on an employee taken because he or she asserted workplace rights. Federal and most states' laws prohibit an employer from discriminating against a workers' compensation claimant or against any other employee who offers supporting testimony on behalf of a workers' compensation claimant.

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