Far too many employees in West Virginia are unnecessarily exposed to hazardous working conditions – often without knowing. To hold employers accountable for knowingly putting workers in danger, West Virginia law allows injured workers to sue employers who have knowingly put them in harm’s way.
At Farmer, Cline & Campbell, PLLC, we believe everyone deserves a safe workplace, whether you work in a factory, coal mine, office, hospital or school. 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.
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. 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 providing 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 case and determine what we can do to help you. Do not let anyone tell you do not need to call an attorney. Do not settle for less in your injuries.
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 304-881-0637 or 866-587-0167 toll-free for a free consultation and case evalu