Construction Site Injuries in West Virginia
Whether an injured construction worker in West Virginia can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: West Virginia's workers' compensation law gives an employer that maintains coverage immunity from damages suits for employee injuries 'however occurring'. W. Va. Code §§ 23-2-6, 23-4-2(c), (d)(2), 23-2A-1(a)
| Construction site injuries | West Virginia's workers' compensation law gives an employer that maintains coverage immunity from damages suits for employee injuries 'however occurring'. That immunity is lost only for 'deliberate intention', proved either by a specific intent to injure or by a statutory list of facts that begins with a specific unsafe working condition presenting a high degree of risk, which can apply to construction hazards. A worker may also collect comp and make a claim against a third party who caused the injury, subject to the carrier's subrogation lien. Only the opening of the § 23-4-2(d)(2)(B) list was read; the full list of required facts is not restated. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together. |
| Deadline to sue for an injury | Two years after the right to sue accrues for damages for personal injuries. Source: W. Va. Code § 55-2-12(b) |
More West Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in West Virginia
- Wrongful Death Lawsuits in West Virginia
- Medical Malpractice Rules in West Virginia
- Car Accident Claims in West Virginia
- Dog Bite Liability in West Virginia
- Slip, Trip and Fall Injuries in West Virginia
- Sidewalk and Public Property Falls in West Virginia
- Motorcycle Accident Claims in West Virginia
- Pedestrian Accident Claims in West Virginia
- Bicycle Accident Claims in West Virginia
- Uber and Lyft Accident Claims in West Virginia
- All West Virginia personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in West Virginia?
West Virginia's workers' compensation law gives an employer that maintains coverage immunity from damages suits for employee injuries 'however occurring'. That immunity is lost only for 'deliberate intention', proved either by a specific intent to injure or by a statutory list of facts that begins with a specific unsafe working condition presenting a high degree of risk, which can apply to construction hazards. A worker may also collect comp and make a claim against a third party who caused the injury, subject to the carrier's subrogation lien.
Can you recover damages if you were partly at fault in West Virginia?
Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.
What is the statute of limitations for personal injury in West Virginia?
Two years after the right to sue accrues for damages for personal injuries.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.