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West Virginia Deliberate Intent Attorneys

Deliberate intent lawsuits in WV

How is Deliberate Intent Determined?

In a coal mining accident injury claim, you must show five points in order to be successful. At Mani Ellis & Layne, PLLC, our legal team of West Virginia personal injury attorneys have extensive experience in coal mining accident claims, and we are prepared to evaluate your case and determine if deliberate intent was involved.

While most West Virginians are familiar with workers’ compensation, which calls for an insurance company to cover 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.

We Protect the Rights of Injured Coal Miners and Their Families

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.

Workplace Injuries and Deliberate Intent

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, among other dangerous situations that were known about by the employer and not addressed.

What Must be Proven in Deliberate Intent Cases

To prove a Deliberate Intent case, you must show the following five points:

  • 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;
  • 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;
  • 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 the employer thereafter exposed an employee to such specific unsafe working condition intentionally; and
  • That the employee suffered serious injury or death as a direct and proximate result of such specific unsafe working condition.

West Virginia Personal Injury Lawyers: Protecting Your Right to Compensation

Under West Virginia Code ยง 23-4-2(c)(2)(ii) i, you may have a right to file a claim for deliberate intent. Our legal team will fight for you, your family and your right to fair and full compensation if your employer was aware of dangerous risks and continued to allow you to work in the environment without taking action to protect you. Contact an attorney at our firm to learn more about deliberate intent and how it can be applied to your case.