Marion County Workplace Injury Lawyer
State law prevents Marion County workers from pursuing direct legal action against their employer for workplace injuries. This law is derived from the workers’ compensation system where the state provides no-fault coverage for workplace injuries, instead of suing an at-fault person directly.
A compassionate personal injury attorney could advise you on when a situation calls for a lawsuit against a negligent person, however, whether that may be a third-party or your employer. A Marion County workplace injury lawyer could help build you a strong case against the defendant to get you the fair compensation and justice you deserve.
When Can Employers be Held Liable for a Workplace Accident?
Although state law provides immunity to employers for personal injury claims, West Virginia Code Section 23-4-2(c)(2) waives that protection in some cases, specifically “deliberate intent”, or Mandolidis, claims.
Establishing a Mandolidis Claim
There are two methods of establishing these claims. The first is proving that the employer or a direct supervisor had the deliberate intent to injure or kill the worker. The second method is known as the “five-factor test” where an injured worker must meet all five of the following elements:
- They must establish their workplace imposed an unsafe working condition, such as faulty wiring or a dangerous scaffold.
- The worker must establish the employer or a supervisor knew of this hazard
- The hazard must have been dangerous enough to violate state law or some form of the industry standard.
- The employer must have intentionally exposed the worker to this danger despite knowing the risks
- The hazard must have resulted in severe injury or death to the worker
If all of these elements are met, an injured worker could prevail in a deliberate intent claim against their employer. A legal advisor in Marion County could help you identify all the elements in your workplace injury claim.
Injury Claims against Third Parties
The immunity provided by the workers’ compensation statute only applies to the employer side of the workplace. While this limits a worker’s ability to bring a civil action against their employer, the system does not offer immunity to third parties.
There are a number of cases where a third-party negligence claim could be viable in a workplace setting. The courts treat these claims no differently than any other negligence lawsuit. Just like any other personal injury case, a plaintiff must prove a third party carelessly, recklessly, or intentionally caused their injury while on the job.
Third parties could include visitors to a workplace or even passers-by. A roadside worker struck by a speeding car might not be able to file a lawsuit against their employer, but they could pursue a third-party negligence claim against the driver as long as they were not a co-worker. A Marion County workplace injury representative could further explain the differences between Mandolidis and third-party claims as well as assist in bringing a lawsuit against the at-fault third party.
Speak with a Marion County Workplace Injury Attorney Right Away
Whether you suffered an injury from the deliberate actions of your employer or at the hands of a third party, you could benefit from discussing your claim with skilled legal counsel. In some cases, you could have the right to pursue action directly against the at-fault person or entity.
Avoiding unnecessary delay could be vital to your claim. Call a Marion County workplace injury lawyer today to learn more.