Workplace Injuries

West Virginia Workplace Injury Attorneys

Kaufman & Bowen, PLLC
Representing families throughout West Virginia for over 20 years

In West Virginia, like most other jurisdictions, a worker who is injured on the job is entitled to receive certain Workers' Compensation benefits, including payment of medical expenses, job retraining and partial wage replacement. West Virginia law, like the law of other jurisdictions, provides that a worker who is injured on the job and uses Workers' Compensation benefits may not also sue his employer in the regular court system, because that employer is granted immunity. However, in West Virginia, unlike most other jurisdictions, there is an exception by which an employee may, in certain limited circumstances, avoid the Workers' Compensation immunity and pursue a claim against the employer for damages over and above the limited benefits available under the Workers' Compensation system. This exception is set forth in West Virginia statute, and is referred to as the "deliberate intent" exception.

Generally speaking, there are two types of conduct which constitute "deliberate intent" allowing recovery of full damages in the case. Those are as follows:

1. The everyday English meaning of the phrase; in other words, your employer cannot punch you, then claim Workers' Compensation immunity. Obviously, this type of claim is rare.

2. In addition to the ordinary everyday meaning of "deliberate intent," the legislature has set forth a limited set of circumstances under which the employer will be held to have injured the employee with "deliberate intent." That exception is set forth in a five-part test listed in the West Virginia Code. To present the test in simplified form, the injured employee must be able to show the following:
   
   

   1. The existence of a specific, unsafe working condition which presented a high degree of risk and a strong probability of serious injury or death;

   2. That the employer had actual knowledge of the existence of the unsafe condition and the high degree of risk and probability of injury or death;

   3. That the specific, unsafe condition was a violation of the law or a commonly accepted and well-known safety standard within that industry;

   4. That the employer, knowing the existence of the three elements discussed above, nevertheless intentionally exposed the employee to that unsafe working condition; and

   5. That the employee suffered serious injury or death.

Contact a workplace injuries attorney at the law firm of Kaufman & Bowen, PLLC. We can discuss your personal injury case in plain English without cost or obligation to you. We understand the urgency of your case. Do not wait - call today!