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Workplace injuries in West Virginia

While many employers in West Virginia follow the rules to keep you safe, some employers cut corners to put profits over people.  When employers violate safety regulations people end up injured.  In West Virginia, after an individual has suffered a workplace injury, the individual has several options.  First, the individual can use the workers' compensation system when they have been hurt on the job. 

In addition to the workers' compensation system, injured workers may have the option to bring a deliberate intent cause of action against their employers for failing to follow safety laws.  In order to bring a deliberate intent cause of action, the following guidlines are followed:

  1. 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.
  2. That the employer, prior to the injury, had actual knowledge of the existence of the 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.
  3. 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 the employer, as demonstrated by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business, 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.
  4. That notwithstanding the existence of the facts set forth in numbers 1 through 3, the employer nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition.
  5. That the employee exposed suffered serious compensable injury or death as a direct and proximate result of the specific unsafe working condition.

If you have been injured in the workplace, contact one of our attorneys today for a free consultation

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Manchin Injury Law Group 1543 Fairmont Avenue Suite 203 Fairmont, WV 26554 Toll Free: 866-903-9632 Phone: 304-816-4097 Fax: 304-367-1867 Fairmont Law Office Map