Farmer, Cline & Campbell, PLLC | April 17, 2024 | Workplace Accidents
While many employers in West Virginia are conscious about worker safety, others ignore the hazards their employees face and place profit over safety, which can result in serious injury and death to innocent workers. For injuries and deaths that occur on the job, most employers provide workers compensation insurance coverage.
In West Virginia, if an employer provides workers compensation coverage for its employees, the employer is immune from being sued by the employee for ordinary negligence. In those cases, the only relief available is through the workers compensation system. While Farmer, Cline & Campbell does not handle workers compensation matters, we are involved in workplace injuries that result because an employer was more than just negligent. In West Virginia, an employer can be sued, even when it provides workers compensation insurance, if the evidence rises to the level of what is commonly referred to as “deliberate intent.”
At Farmer, Cline & Campbell, PLLC, we believe everyone deserves a safe workplace, whether you work at a coal mine, factory, sawmill, construction site, or other work site. We fight on behalf of West Virginia workers who sustain serious injuries when employers knowingly put their safety at risk. Our experienced injury attorneys can help you review your workplace injury case and determine if your employer acted with deliberate intent. If so, you may be able to bring a lawsuit to pursue compensation for your losses. Additionally, if your workplace injury was caused by a third-party (not your employer or a co-employee), a claim for ordinary negligence against that third party may be pursed.
Proving Deliberate Intent
In most cases involving workplace injuries in West Virginia, workers’ compensation benefits are the sole source of compensation for damages. The workers’ compensation system protects employers from liability for ordinary negligence. However, it is possible to sue an employer if they intentionally place a worker in a dangerous position and the employee suffers serious injury or death as a result.
These claims are sometimes called Mandolidis claims after a state Supreme Court case that established a test for proving deliberate intent. Now the test for proving deliberate intent is controlled by statute. In summary, the statute requires the worker to prove:
- That a specific unsafe working condition existed in the workplace which presented a high degree of risk and strong probability of serious injury or death;
- That prior to the injury, the employer had actual knowledge that the unsafe working condition existed and the high degree of risk and strong probability of harm presented by the condition;
- That the specific unsafe working condition was a violation of a state or federal safety statute, rule, regulation , or commonly accepted and well-known safety standard within the industry;
- With actual knowledge, the employer intentionally exposed the employee to the specific unsafe working condition; and
- The employee suffered a serious compensable injury or death as a direct and proximate result of the unsafe working condition.
There are additional statutory requirements that further define how each required element of proof set forth above may be met.
If you think your case meets these guidelines, or if you are unsure, we can help review your case and determine your options. If your case meets the requirements for bringing a lawsuit against your employer, we will fight to help assure that you are fairly compensated. If not, we will explain your other options and refer you to the appropriate help.
Begin Exploring Your Best Options Today
From our offices in Charleston, Beckley and Morgantown, we can help you review the details of your workplace injury and determine if you need a workers compensation attorney or whether your employers conduct might rise to the level of deliberate intent. Do not let anyone tell you that you do not need to call an attorney.
Take advantage of the opportunity to understand your legal rights. There are strict time requirements that apply to filing workers compensation claims, as well as deliberate intent claims and third party liability claims.
If you are ready to seek the compensation you deserve for your workplace injury or the loss of a loved one, call one of our lawyers today. You can contact us at (304) 346-5990 for a free consultation and case evaluation.