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West Virginia’s workers’ compensation system provides no-fault benefits to employees who suffer job-related injuries or illnesses. While not all cases of injury at work can be resolved through a lawsuit, in certain situations, you may also have the right to sue your employer for unsafe working conditions.
Our full-service personal injury law firm can help you understand your legal rights and options for seeking compensation after a workplace accident. Contact us online or call (304) 345-6789 to speak with our skilled West Virginia workplace injury lawyers.
Deliberate Intent in Workplace Injury Cases
Under West Virginia workers’ compensation laws, employees normally cannot sue their employers for workplace injuries. However, an exception exists when the employer’s actions are intentional. Specifically, the WV Code § 23-4-2 states:
“If injury results to any employee from the deliberate intention of [their] employer to produce the injury or death, the employee . . . may recover under this chapter and bring a cause of action against the employer . . . for any excess of damages over the amount received or receivable in a [workers’ compensation] claim for benefits. . . .”
What Counts As Deliberate Intent in West Virginia?
“Deliberate intent” occurs when an employer deliberately places a worker in a dangerous situation that leads to an injury. You may have a claim for deliberate intent if all of the following are true:
- Your workplace had a specific unsafe working condition that put you at significant risk of serious injury or death.
- The unsafe working condition was a violation of government safety regulations or common industry safety standards.
- Your employer was aware of the existence of the unsafe condition and knew that it had a high potential for causing harm.
- Your employer intentionally exposed you to the unsafe working condition.
- You suffered a serious injury as a result of the unsafe working condition.
If you suspect that your employer’s actions meet these criteria, Warner Law Offices can help you seek compensation for your injuries and losses. Even if you are unsure, do not hesitate to have your case reviewed by our skilled attorneys in a free, confidential consultation.
Required Employer Safety Precautions
Employers have a duty to provide employees with a reasonably safe workplace. This generally means protecting employees from known hazards while they are working. The Occupational Safety and Health Administration (OSHA) outlines some key safety precautions employers should take to protect their employees, including:
- Providing workplace safety and health training in a language the employee understands.
- Ensuring machines are safe for employees.
- Providing safety equipment, such as gloves, harnesses, and fall lifelines.
- Providing protection from toxic chemicals.
- Outlining procedures for how to report unsafe working conditions.
- Arranging OSHA inspections when employees request them.
- Showing employees workplace hazard evaluation results.
Additional safety precautions may be necessary depending on the nature of the work. For example, factories may need ventilation systems to remove harmful fumes, construction sites may need warning signs and barriers to protect against falls from heights, and office buildings may need clearly posted fire safety exit strategies.
Examples of Unsafe Working Conditions
Many dangerous working conditions can lead to a workplace injury lawsuit based on deliberate intent. Our West Virginia workplace injury lawyers are ready to handle your case if you were injured at your workplace. Common workplace hazards that give rise to injury claims include:
- Inadequate safety equipment, including hard hats, gloves, and earplugs.
- Obstructed safety exits.
- Ground hazards, such as slippery floors, uncovered manholes, or tripping hazards.
- Electrical hazards, including exposed wires and overloaded circuits
- Poor lighting and ventilation.
- Chemical hazards, such as pesticides, strong acids, and toxic heavy metals.
- Contamination with other harmful substances, such as mold, asbestos, bacteria, and viruses.
- Ergonomic hazards, such as unsafe workplace setups, frequent heavy lifting, and harmful repetitive movements.
- Improperly maintained equipment or machinery.
How To Sue Your Employer for Unsafe Working Conditions
The first step in suing your employer for unsafe working conditions is to consult an attorney. Our legal team can launch a thorough investigation of what happened to determine whether your employer knowingly put you in harm’s way. We’ll also determine whether any third parties, such as contractors or equipment manufacturers, are liable for your injuries.
If we find evidence of deliberate intent or third-party negligence, our workplace injury lawyers will fight to get you the full and fair compensation you deserve. If filing a lawsuit is not possible, we can still help you navigate the workers’ compensation system to ensure you leave no money on the table.
Be sure to take legal action before the governing deadlines. Under the personal injury statute of limitations, you normally have two years to file a lawsuit. However, under the West Virginia workplace injury statute of limitations, you must file your workers’ compensation claim within six months after the injury date. An exception exists for workers’ compensation claims based on occupational diseases.
Either way, if you don’t take action before the correct deadline, you will lose your right to seek compensation. Therefore, do not wait to take legal action. Our skilled workplace accident lawyers will gather all available evidence and ensure your case is filed before the all-important deadline.
Explore Legal Options for Your Unsafe Working Conditions Lawsuit
You shouldn’t have to bear the consequences of your employer’s failure to provide a safe workplace. If you were injured due to dangerous working conditions, our skilled attorneys can help you explore your legal options and determine the best course of action for seeking compensation. Whether it involves a personal injury lawsuit or workers’ compensation claim, we are here to help.
We have decades of combined experience advocating for injured West Virginians and their families. In that time, we’ve secured numerous multimillion-dollar settlements and verdicts for workers injured on the job. Let us put our skills and resources to work for you. Contact us online or call (304) 345-6789 today to schedule your free, no-obligation consultation with a member of our award-winning team.
