Fatal Workplace Accident Lawyers in West Virginia
The loss of a loved one is one of the most emotional and challenging events in life. While it can be overwhelming, the workers’ compensation process often only exacerbates the difficulty.
That said, these benefits can provide compensation to family members in this time of grief, uncertainty and transition. In addition, it may be possible to bring a suit against an employer that the law calls a “deliberate intent” suit, formerly called a Mandolidis claim. This cause of action seeks damages beyond workers’ compensation benefits and is set forth in the West Virginia Code at 23-4-2 and states that someone can bring a suit if the following conditions are met:
- A specific unsafe working condition existed in the workplace that presented a high degree of risk and a strong probability of serious injury or death.
- 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.
- 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.
- The employer intentionally exposed an employee to the specific unsafe working condition.
- The employee suffered serious compensable injury or compensable death as a direct and proximate result of the specific unsafe working condition.
These types of claims can be immensely complex, so it is absolutely critical to reach out to a skilled legal team.
Huntington Workers’ Compensation Attorneys
We are prepared to fuse our comprehensive knowledge and experience with empathy, compassion and commitment if you are working through a workplace accident issue. It is our foremost goal to do everything we can to elevate quality of life in the wake of such a loss. Our skill and experience enable us to ideally address all legal issues to obtain benefits for clients in times of greatest need.
If you have suffered serious personal injury or lost a loved one as a result of an accidental or wrongful death, our Charleston fatal workplace accident attorneys can help. Our lawyers have over 70 years of combined legal experience handling personal injury claims. Please contact our West Virginia attorneys to schedule a free initial consultation.