On-The-Job Injuries
West Virginia is known across the nation for its production of coal, natural gas, stone, cement, salt, and oil – and West Virginians are world-renowned for their strong work ethic. We mine, we log, we work in glass, chemical, and high-tech industries in the Ohio and Kanawha Valleys. We produce steel in Wheeling, Huntington and Parkersburg. We work in schools and offices throughout West Virginia.Unfortunately, these labor-intensive and industrial positions often come with the risk of being injured on the job -- and although accidents can happen in even the safest environments when all precautions are taken, workplaces can become extremely dangerous when employers overlook simple safety procedures and cut corners in order to save themselves money.
While this conscious negligence on the employers part could improve their bottom line and increase their profits, it is devastating to you and your family when you are injured on the job due to an unsafe working environment. You might miss work or be permanently disabled. You might have hospital and physical therapy bills piling up. Your family might have to survive without your paycheck coming in.
While most West Virginian’s are familiar with workers’ compensation – in which an insurance company covers the costs of your injuries based on the specific plan that your employer pays for, most do not know that West Virginia is unique among the states and has a second option for those who are injured due to their employer’s gross carelessness.
This type of case, covered only in West Virginia state law, is called “Deliberate Intent” or a Mandolidis case. In these instances, an injured employee can sue their employer if they were hurt as a result of unsafe conditions of which the employer was consciously aware. Unlike the workers’ compensation system, which is designed to protect companies from liability in such situations, Deliberate Intent cases recognize that employers might consciously see a high-risk working condition and purposefully ignore it at the cost of its workers.
A Deliberate Intent workplace injury case might involve a construction site that is missing fall restraints at elevated heights, a work environment that is not well lit, or a piece of faulty equipment that has not been repaired.
To prove a Deliberate Intent case, you must show the following five points:
1. That 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 had a subjective realization and an appreciation of the existence of such a 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 such employer, 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 the employer thereafter exposed an employee to such specific unsafe working condition intentionally; and
5. That the employee suffered serious injury or death as a direct and proximate result of such specific unsafe working condition.
W. Va. Code § 23-4-2(c)(2)(ii)
If you don’t think workers’ compensation is enough to compensate you or your family member for injuries on the job, there is hope. If you don’t think your employer was sufficiently caught and punished for their negligence, we can help bring your case to light.
Whether you work in a chemical plant or an office, whether you do welding work or teach at a school, you deserve to a safe work environment and vigilant employers. Just because your field of work may be generally considered dangerous doesn’t mean that your employers shouldn’t be doing everything in their power to keep you out of harm’s way.
At Mani, Ellis, and Layne, PLLC, we are not only determined to obtain compensation for your and your family, but also to hold companies responsible for the damage they have caused to their workers through their greed and negligence. By coming down hard on corporations that cut corners and put their employees into danger by ignoring safety standards, we can hopefully prevent similar cases in the future while at the same time giving your case the personal attention it deserves.
Even if you are not sure whether your workplace injury is a Mandolidis or Deliberate Intent case, there is no harm in contacting us for a safe, confidential, and free consultation. Call us toll-free at 1-888-720-1001.
Mani Ellis & Layne
405 Capitol Street
Suite 806
Charleston, WV 25325
Toll Free: 888-720-1001
Phone: 304-720-1000
Fax: 304-720-1001