West Virginia personal injury attorney JOHN H. BRYAN handles many types of cases involving workplace injuries.  In the majority of cases, an injured worker is relegated to the inefficient and insufficient Worker's Compensation system in order be compensated for workplace injuries, and employers are immune from direct claims, even if they were negligent.  However, in some situations, employers can lose their Worker's Compensation immunity and may be directly liable to an injured employee.

In West Virginia, these types of cases are known as "deliberate intent" claims, or "Mandolidis" claims.  If five specific elements are met regarding the incident and the injury, then the worker may have a direct claim against the employer, allowing for additional (and more adequate) compensation for the worker's injuries.

Additionally, there may be other parties who contributed to the incident and injury, who are not immune from direct claims.  It is extremely important to discuss the facts of your particular case with an attorney who practices in this area to determine what potential claims or coverages you may have for your injuries.

JOHN H. BRYAN handles these types of cases throughout the state of West Virginia.  Call West Virginia injury lawyer John H. Bryan at 1-888-54-JBLAW for a FREE CONSULTATION and review of your case to find out whether or not you may have a claim directly against your employer.

In West Virginia, in order to recover in a “deliberate intent” case, it must be proven that:

1. A specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death;

2. That the employer, prior to the injury, had actual knowledge of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition;

3. That the specific unsafe working condition was a violation of a state or federal safety statute, rule or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of the employer, as demonstrated by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business, which statute, rule, regulation or standard was specifically applicable to the particular work and working condition involved, as contrasted with a statute, rule, regulation or standard generally requiring safe workplaces, equipment, or working conditions;

4. That notwithstanding the existence of the facts set forth in the above 3 requirements, the employer nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition; and

5. That the employee suffered serious compensable injury or compensable death as defined in the Worker’s Comp statutes, whether a claim for benefits under that statute is filed or not as a direct and proximate result of the specific unsafe working condition

Whether any particular situation meets these five elements may not be easily known to an injured employee.  Thus, it is extremely important to speak with a West Virginia attorney who practices in this area as soon as possible when there has been a workplace injury – especially one that is serious.  In most cases, it is necessary to conduct an investigation of the circumstances surrounding the incident, before the legal basis of a potential “deliberate intent” claim can be evaluated.

Although the five elements in West Virginia seem daunting, there is a wealth of federal safety regulations governing workplace safety.  If it can be easily proven that the employer violated one of these regulations, then many times the case itself can be proven.  We frequently handle these types of cases, and would be happy to speak with you for free about your situation.  You can email Attorney JOHN H. BRYAN, or give us a call at 1-888-54-JBLAW.