What Happened
A construction worker from Morgantown was killed and two of his coworkers were hurt Tuesday morning after a crane reportedly malfunctioned at a bridge project on Interstate 79 over White Day Creek Road in Monongalia County, West Virginia. According to the West Virginia State Police, the equipment failure allegedly caused concrete barriers to strike three workers, knocking all three off the bridge. The 30-year-old victim died at the scene. The other two workers were taken to a hospital — one by private vehicle, according to Monongalia County 911 — and their conditions have not been publicly released.
Initial reports from 911 dispatchers had suggested a vehicle crash caused the incident, but troopers later clarified that the cause was a crane malfunction. The West Virginia State Police are leading the investigation.
As personal injury attorneys who represent injured workers and grieving families across West Virginia, we know how devastating a jobsite death like this can be. What follows is a plain-spoken look at who may be legally responsible, what a family or an injured worker might recover, and what steps to take right away to protect a possible claim.
Who May Be Liable
When heavy equipment fails on a construction site, liability rarely rests with just one party. Depending on what the investigation uncovers, the following parties could potentially be liable:
- The crane operator or their employer, if operator error, fatigue, or inadequate training contributed to the malfunction.
- The general contractor or site supervisor, if safety protocols, fall protection, or barrier placement fell below industry standards.
- Subcontractors working near the crane or handling the concrete barriers, if their conduct allegedly contributed.
- The crane’s manufacturer, distributor, or maintenance company, if a defective component, faulty design, or negligent servicing allegedly caused the malfunction.
- The equipment leasing company, if the crane was rented and had not been properly inspected before being placed into service.
- A government contractor or agency, if the project was managed under a public works contract and specific safety oversight duties were breached.
In West Virginia, an injured worker generally cannot sue their direct employer because of the state’s workers’ compensation system. However, families and injured workers often can bring what is called a third-party claim against any other company or individual whose alleged negligence contributed to the harm.
Legal Theories That May Apply
Several legal theories could support a claim arising from this incident:
- Negligence. Any contractor, operator, or inspector who failed to use reasonable care in operating, maintaining, or supervising the crane and worksite may be liable.
- Product liability. If a defect in the crane, its controls, cables, or safety systems allegedly caused the failure, the manufacturer and sellers in the chain of distribution could be responsible under strict liability principles.
- Negligent maintenance or inspection. Companies contracted to service the crane may be liable if they missed or ignored warning signs.
- Deliberate intent (Mandolidis) claims. West Virginia law allows injured workers or their families to pursue an employer directly in narrow circumstances where the employer allegedly had actual knowledge of a specific unsafe working condition and exposed workers to it anyway.
- Wrongful death. Under West Virginia Code § 55-7-5 and § 55-7-6, the personal representative of the deceased worker’s estate may bring a wrongful death action on behalf of statutory beneficiaries.
- OSHA regulatory violations. While OSHA rules do not create a private right of action on their own, documented violations can be powerful evidence of negligence.
Damages Victims May Recover
If liability is established against a third party, the compensation available may include:
- Medical expenses, both past and future, including emergency care, hospitalization, surgery, and long-term rehabilitation for the injured workers.
- Lost wages and lost earning capacity, especially significant for workers in their prime earning years.
- Pain, suffering, and mental anguish endured by the injured workers.
- Funeral and burial expenses for the family of the deceased worker.
- Loss of companionship, guidance, and consortium for a surviving spouse, children, and other close relatives.
- Loss of financial support the family would have received from the worker over his expected lifetime.
- Punitive damages, where the conduct is proven to be reckless or malicious. West Virginia caps punitive damages under W. Va. Code § 55-7-29, generally at the greater of four times compensatory damages or $500,000, subject to certain conditions.
Workers’ compensation benefits may also be available to the injured workers and to the deceased worker’s dependents, and those benefits are typically separate from any third-party lawsuit — although coordination between the two is important and should be handled by counsel.
Evidence That Strengthens a Case
Crane and construction cases are won or lost on evidence. In an incident like this one, the following materials could be critical:
- The crane’s maintenance and inspection logs, load charts, and manufacturer service bulletins.
- Operator certification records and training files.
- The site’s safety plan, job hazard analyses, and pre-shift inspection documents.
- Photographs and video from the site, including surveillance from nearby cameras and cell-phone footage.
- Statements from coworkers and witnesses who saw the barriers shift or the crane fail.
- OSHA investigation findings and any citations issued after the incident.
- The West Virginia State Police report and any accident reconstruction analysis.
- Expert opinions from crane engineers, metallurgists, or construction safety specialists.
- Internal emails, text messages, and reports discussing prior problems with the crane or the barrier placement.
Much of this evidence begins to disappear or gets altered quickly after an accident. A formal legal preservation letter (sometimes called a spoliation letter) can be crucial in the first days and weeks.
What to Do Next
If you were injured in this incident or lost a family member, here are conservative steps to consider:
- Get and keep medical care. Follow through with every appointment; gaps in treatment can be used against you later.
- Preserve everything. Save work boots, clothing, hard hats, phones, and anything else connected to the incident. Do not let an employer or insurer take physical evidence without documentation.
- Write down what you remember. Times, weather, who said what, which equipment was in use. Memories fade fast.
- Be cautious with insurance adjusters and company representatives. You are not required to give a recorded statement before speaking with an attorney, and early statements are often used to minimize claims.
- Watch the clock. West Virginia’s statute of limitations for personal injury and wrongful death claims is generally two years, but shorter deadlines can apply for claims involving government entities. Do not wait to get advice.
- Talk to a lawyer who handles construction and heavy-equipment cases. These claims are complex and involve overlapping workers’ compensation, OSHA, and third-party issues.
If you or a loved one has been harmed by negligence or wrongdoing in West Virginia, contact New Law Office in Beckley for a free, confidential consultation. We work on contingency — you pay nothing unless we win your case. Call (304) 355-5565 or visit https://newlawoffice.com to speak with our team.
Frequently Asked Questions
Can I sue my employer in West Virginia if I was hurt in a construction accident?
In most cases, workers’ compensation is your exclusive remedy against a direct employer in West Virginia. However, an exception known as a deliberate intent or Mandolidis claim may allow a lawsuit if the employer allegedly knew of a specific unsafe condition and exposed workers to it anyway. An attorney can review the facts and tell you whether that narrow exception may apply.
Who can file a wrongful death claim in West Virginia?
Under West Virginia law, the personal representative of the deceased person’s estate files the wrongful death lawsuit on behalf of surviving family members such as a spouse, children, parents, and certain other relatives who depended on the decedent. Any recovery is distributed according to the statute, not simply to whoever files the case.
How long do I have to file a claim after a fatal construction accident?
West Virginia generally gives families two years from the date of death to file a wrongful death lawsuit, and two years from the injury date for personal injury claims. Product liability claims against a crane or equipment manufacturer may have their own timing rules. Because deadlines can be shorter when a government contractor is involved, it is best to talk with a lawyer quickly.
What if a defective crane caused the accident?
If a defect in the crane’s design, manufacture, or maintenance is alleged to have caused the failure, the manufacturer, distributor, and service company could potentially be liable under product liability law. These cases usually require preserving the equipment and hiring engineering experts, so acting quickly matters.
Can the family still recover if the worker was partly at fault?
West Virginia follows a modified comparative fault rule. As long as the injured or deceased worker is found to be 50% or less at fault, the family may still recover damages, though the amount is reduced by the worker’s percentage of fault. If fault is 51% or more, recovery is generally barred.
Do I have to talk to the company’s insurance adjuster?
No. You are not required to give a recorded statement to another company’s insurer, and doing so before consulting with an attorney can hurt your case. Adjusters are trained to obtain admissions that reduce what the insurer eventually pays.
How much does it cost to hire New Law Office for a case like this?
Our consultations are free, and we handle personal injury and wrongful death cases on a contingency fee basis. That means you owe no attorney fees unless we recover compensation for you. This allows families to pursue accountability without worrying about upfront legal bills.
What kinds of damages can a family recover in a fatal jobsite accident?
A West Virginia wrongful death claim may include funeral and burial expenses, loss of financial support the worker would have provided, loss of companionship and guidance, and the family’s mental anguish. In cases involving reckless or malicious conduct, punitive damages may also be available, subject to statutory caps.
Original reporting: wjhg.com.