Workplace Injuries
A Charleston Law Firm Serving all of West Virginia
Many Americans make a living in industrial work places. Industrial workplaces are often dangerous. What makes these workplaces even more dangerous is when employers overlook simple safety precautions or do not heed the warnings of their employees regarding dangerous aspects of the job. Often these employers would rather add a few dollars to their bottom-line than adequately protect the employees who protect their profits from a workplace injury.
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Most people know that when they are injured on the job they can apply for Workers Compensation. What many people don't know is that in cases involving injuries from blatant deficiencies in the workplace, Workers Compensation is not their only hope or option. These situations are known as "Deliberate Intent" cases.
To prove a Deliberate Intent in a workplace injury case in West Virginia, one must show:
- That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong possibility of serious injury or death to an employee.
- That the employer realized and appreciated the existence of the specific unsafe working condition and of the high degree of risk and strong possibility of serious injury or death presented by such specific unsafe working condition.
- That the specific unsafe working condition was a violation of a statute, safety rule or regulation, or a well known safety standard in the industry.
- Despite the realization of the specific unsafe working condition, the employer exposed the employee to the unsafe working condition.
- As a result of exposure the employee suffered serious injury or death .
If you or a loved one has been has been seriously injured on the job, please contact us immediately or submit an online questionnaire. All inquiries are treated seriously and are confidential.
