Practice Areas

Workplace Injuries

HELPING INJURED PEOPLE AND THEIR FAMILIES

All employers are legally obligated to provide a safe work environment for their employees. West Virginia is one of the few states that allows an injured employee to sue their employer directly for damages above and beyond what is provided through Worker's Compensation. Wilson, Frame, Benninger & Metheney, PLLC, are Morgantown, West Virginia personal injury / wrongful death attorneys who have successfully litigated hundreds of cases for workers injured by:

• Mining Accidents
• Construction Site Accidents
• Falls / Burns / Explosions / Crushes
• Exposure to Toxic Substances
• Industrial Equipment Accidents / Nail Gun Accidents
• Occupational Lung Disease
• Defective Equipment / Safety Equipment
• Failure to Follow Safety Rules

Workplace injuries can devastate a West Virginia family. Workers' compensation benefits are designed to provide temporary financial assistance. However, such benefits are wholly inadequate to support a family when the injury is serious or involves a fatality.

West Virginia law provides recovery in special circumstances when a serious injury or fatality is the result of the "deliberate intent" of the employer. The burden to prove a deliberate intent case is difficult and involves five statutory elements.

The lawyers at Wilson, Frame, Benninger & Metheney, PLLC, have successfully prosecuted many deliberate intent cases in West Virginia involving mining accidents, power plant disasters, high steel construction, manufacturing plants, trucking, sawmilling, and railroad operations.

The following are some representative workplace cases prosecuted by our law firm:

• Industrial Workplace Fatality - In 2001, a power plant catastrophe occurred in West Virginia that killed our client's husband, making her a widow and leaving three children fatherless. The young worker was performing his duties inside a coal/gob storage silo when the structural components inside failed and collapsed, allowing 2000 tons of steel and coal to fall upon the worker, killing him instantly. Suit was brought against all entities including design engineers, manufacturers, and operators of the power plant and silo. Our law firm assembled some of the finest design engineers, metallurgists, and construction specialists in the world as part of our litigation team in order to prove the cause of the catastrophic failure and collapse. After extensive litigation, this case settled prior to trial. While no one can ever bring back a deceased husband and father, our lawyers were successful, through the use of specially designed structured settlements and annuities, of assuring that the young widow and three children have a secure financial future.
  
• Workplace injury / Deliberate Intent - In 2002, an Ironworker was working "high steel" construction installing floor gratings on the 6th floor of a steel erection project. The Ironworker was required to traverse narrow steel beams and maneuver across floor openings while dragging 468 pound sections of floor grating using a hand held hook. The fall arrest system provided to the Ironworker was defective and violated OSHA and industrial standards. The Ironworker fell from a steel beam, through a floor opening and struck his head on a steel beam causing a severe and permanent traumatic brain injury. Our law firm filed a deliberate intent action. Litigation revealed the employer had "actual knowledge" the fall arrest system was defective prior to the incident. The employer knew another co-worker fell some 40 feet the week prior to our client's fall in violation of OSHA standards and did nothing to fix the fall arrest system. The claim settled prior to trial.
  

At Wilson, Frame, Benninger & Metheney, PLLC, we recognize that a negotiated, out-of-court settlement is ideal, but we will not hesitate to take a case before a jury if it is in the best interest of our client. We understand the hardship and strain a serious personal injury or death can place on an individual and their family. Our lawyers promise aggressive, compassionate, and personal service for all our clients, including frequent case updates and direct communication with the attorney handling a case. Our effective advocacy for injured workers has earned us the respect of our peers and numerous referrals from satisfied clients who have been able to get back on their feet after a serious workplace accident.

Contact Our West Virginia Work Place Accident Lawyers

The workplace injury attorneys at Wilson, Frame, Benninger & Metheney, PLLC, represent clients throughout West Virginia and Western Pennsylvania. Our firm offers free initial consultations, 24-hour legal service, and contingency fee arrangements in workplace injury cases.

If you or a family member has been injured on the job, please contact our workplace accident lawyers for a free initial consultation. Our attorneys can be reached toll free at 1-800-734-7070, by e-mail, or by filling out the intake form on the Contact Us page.

The offices of Wilson, Frame, Benninger & Metheney, PLLC, are located in Morgantown, West Virginia. We serve clients throughout West Virginia and Western Pennsylvania, including the cities of Morgantown, Fairmont, Clarksburg, Kingwood, Elkins, and Grafton.