Fairmont Workplace Injury Lawyer
Like all jurisdictions in the state, Fairmont has a workers’ compensation system in place that provides no-fault benefits to an employee injured on the job. In a situation where someone is to blame for your accident, however, you must pursue a direct legal claim in court against the at-fault party. A dedicated personal injury attorney could assist you in this process.
These claims generally fall into one of two categories. The first type is a third-party lawsuit against someone other than your employer. The second is known as a Mandolidis claim. A Fairmont workplace injury lawyer could assist you in pursuing either form of legal action.
Third-Party Negligence in Workplace Injury Claims
For the most part, the workers’ compensation system negates an employee’s ability to file a lawsuit against their employer for injuries that occur at work. The workers’ comp system works as a sort of insurance, where employers pay premiums and are covered for their injuries regardless of who is at fault. While this system prevents lawsuits directly against an employer for a workplace injury, it does not protect these parties against liability.
Many places of business routinely allow entry to third-party persons who are not regularly employed there. Offices might allow people such as delivery drivers or snack machine vendors to enter. Construction sites might hire third-party contractors or suppliers to work on the site. When these third-parties become responsible for a workplace injury, the hurt worker has the right to pursue legal action against them.
In some cases, these claims can arise against parties that have no relation to the worksite. For example, a person working at a construction site could file a third-party lawsuit against a driver that crashes into the area and injures an employee in the process. The driver would not be able to protect themselves through the workers’ compensation system, leaving them open to liability in a civil lawsuit. A Fairmont legal representative could advise an employee with a workplace injury if they are a candidate for a third-party negligence claim
Deliberate Intent Claims in Fairmont
Some job-related injuries are considered so egregious that an employee could have the right to pursue legal action against their employer for compensation beyond their standard workers’ comp benefits. These claims are known as deliberate intent or Mandolidis claims based on the name of the plaintiff in the first lawsuit of this nature. In a Mandolidis claim, state law removes immunity from employers in injury lawsuits for certain egregious conduct through West Virginia Code Section 23-4-2(c)(2).
There is a reason these claims are referred to as deliberate intent claims. To succeed with one of these workplace injury lawsuits, a Fairmont representative must establish that the plaintiff’s injuries occurred with deliberate intent on behalf of their employer.
A successful deliberate intent claim could result in compensation similar to a personal injury claim. It could recover not only medical expenses, but also compensate an injured worker for their pain and suffering, lost wages, or other suffered damages. Family members could also seek additional damages if the injuries result in the death of the worker.
How a Fairmont Workplace Injury Attorney Could Help
In either circumstance, the process of establishing a successful claim can be complex. A single mistake during the litigation process could defeat your claim, even if your underlying case is strong.
A Fairmont workplace injury lawyer could help ensure you put together a solid case and avoid unnecessary legal errors. To discuss your job-related injury claim in person, schedule a consultation today.