Practice Areas

Employment Injuries

Unfortunately, on-the-job injuries are fairly commonplace in West Virginia and most often fall within the parameters of the state's workers' compensation system. Sometimes, however, when the claim meets certain criteria, an injured worker or the family of a worker killed on the job may be able to file a lawsuit against the employer in what is known as a deliberate intention action for exposing the employee to an unsafe working condition. The cases are legally and factually complex. One such case handled by this firm, that being Roberts v. Consolidation Coal Co., 539 S.E.2d 478 (W.Va. 2000) went up to the West Virginia Supreme Court of Appeals and altered the concept of comparative fault relative to the employee versus the employer, thereby eliminating any argument that the miner was partially at fault. Having had extensive experience in these deliberate intention cases, I have the knowledge and skill needed to pursue these complicated claims against employers of injured or killed workers.

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