Can you sue your employer in West Virginia?

West Virginia Workers' Compensation Attorney

In order to ensure the wellbeing of employees, employers in West Virginia are required to have workers' compensation insurance coverage in case an employee is injured on the job. The insurance pays for medical treatment needed by the injured employee. In cases of serious injuries in which the worker is unable to perform his or her duties for a period of time a portion of the normal wages will be paid to the injured worker. This insurance makes it possible for an injured person to obtain medical treatment without any out-of-pocket expenses and unnecessary for a worker to have to go to court and prove the injury is job related. Where there is worker's compensation insurance coverage it is not possible to sue an employer for a work related injury except in specific circumstances. If you wish to sue your employer because of a workplace accident, it is vital that you consult an experienced West Virginia workers' compensation attorney with a thorough understanding of this type of complex case.

Workers' Compensation Lawyer in West Virginia

In order to win this type of suit you must be able to prove deliberate intent. This is called a Mandolidis case. This type of claim is based upon an employer deliberately exposing a worker to a dangerous workplace condition (such as a failure to guard) which was known to the employer. The dangerous condition must have been serious enough to present a high degree of risk and strong probability of serious injury or death as stated in W. Va Code 23-4-2 (1991). You will need an experienced work injury lawyer with a strong and resourceful legal team to work on the investigation of the conditions which existed at the time of the accident, gather the evidence vital to your case including safety and OSHA violations, and develop a legal strategy calculated to succeed.

Mandolidis Cases: Deliberate Intent

electrocutions, defective equipment and fall accidents often give rise to Mandolidis cases. A skilled workers' compensation lawyer at the firm is ready to answer your questions and help you prove your claim for damages and make your workplace safer for everyone.

Are you wondering if you can sue your employer? Contact a West Virginia workers' compensation attorney at the Fitzsimmons Firm for the advice and experience you need.