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local 304.345.5700

toll free 800.991.5022

a strong record of fighting negligence

West Virginia Workplace Injury Attorney

If you are injured on the job, under certain circumstances, you may be eligible for a deliberate intent and workplace injury case, which is unique to the State of West Virginia.  Also known as “Mandolidis” laws, deliberate intent laws provide an avenue for pursuing further monetary compensation in instances where it can be proven that your employer allowed an unsafe work environment under certain circumstances.

If you believe that your employer had a deliberate and purposeful disregard for the safety of you and your fellow employees, you may be eligible for compensation outside that outlined in the workers’ compensation plan. Our deliberate intent lawyers at the Berthold Law Firm in the Charleston, West Virginia area can review your case and determine the appropriateness of pursuing such action. Contact our workplace injury lawyers to set up a consultation.

Deliberate Intent Litigation

In the state of West Virginia, you can file a claim against your employer for additional compensation if you believe your employer has shown a deliberate intent to injure employees by requiring them to work in an unsafe work environment. To file a successful deliberate intent claim, a lawyer must be able to prove that all five of the following criteria were met by the employer:

  • That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a h3 probability of serious injury or death;
  • 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 h3 probability of serious injury or death presented by the specific unsafe working condition;
  • 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.
  • That notwithstanding the existence of the facts set forth in subparagraphs (A) through (C) hereof, such employer nevertheless thereafter exposed an employee to such specific unsafe working condition intentionally; and
  • That such employee so exposed 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).

Contact our deliberate intent lawyers in Charleston, West Virginia today to schedule a consultation. We can review your case and determine if you’re eligible for additional compensation.

CALL TODAY: 304-345-5700 or Toll Free 800-991-5022