Parkersburg Workers’ Compensation Lawyer

The impact of a workplace accident can be overwhelming. When the resulting injuries are severe, it could be especially costly. Workers’ compensation coverage in Parkersburg provides employees who are injured on the job with income replacement and medical benefits while they are unable to work.

While workers’ comp law typically prevents an injured employee from suing their employer, there are exceptions to this rule. A Parkersburg workers’ compensation lawyer from Jan Dils, Attorneys at Law, can advise you on your right to pursue a lawsuit after a workplace accident. Working with a dedicated injury attorney can maximize your chances of receiving the full amount of compensation to which you are entitled.

Workers’ Compensation and the Right to Sue

The workers’ compensation system in Parkersburg exists to support employees after a workplace illness or injury and prevent work-related injury claims from clogging the court system. For that reason, employees who are enrolled in workers’ compensation insurance effectively waive their right to sue their employer for any on-the-job injuries.

Despite this waiver, certain circumstances could grant an injured worker the right to sue their employer. “Mandolidis” cases, also known as “deliberate intent” claims, are allowed when an employer intentionally or knowingly exposes their employees to dangerous working conditions, thereby causing a serious and debilitating injury.

Outside of deliberate intent claims, an employee may not pursue a negligence claim against an employer who provides workers’ comp coverage. A Parkersburg attorney could advise an injured employee on how to pursue a claim outside of the workers’ compensation process.

Establishing Deliberate Intent in Parkersburg

There are two ways for an injured employee to pursue a deliberate intent claim against his or her employer. A workers’ compensation lawyer on our team can advise an employee on which approach might work best in their situation.

Deliberately Formed Intent

Workers may file suit against their employers for deliberately inflicted, permanent or severe injuries. This type of claim requires a plaintiff to demonstrate that his or her employer consciously and intentionally caused a long-term or permanent impairment. This avenue for compensation is rarely pursued, as most business owners are keen on avoiding lawsuits.

Five-Factor Test

The five-factor test is the more commonly used approach. A severely injured employee must establish each of these factors before he or she can file a lawsuit against an employer:

1. Proof that an unsafe working condition which presented a high risk of serious injury or death existed at the time of the accident.
2. The employer had actual knowledge of the unsafe working condition and its high risk of permanent injury.
3. The unsafe working condition in question represents a violation of a federal or state safety regulation.
4. The employer who was aware of these violations knowingly exposed an employee to the hazard.
5. This exposure resulted in compensable harm.

An attorney in our area can offer more insight on the five-factor test and how to prove each criteria.

Speak with a Parkersburg Workers’ Compensation Attorney Right Away

Workers’ compensation laws typically prevent employees from pursuing a personal injury lawsuit against their employer. That said, there are some exceptions to this rule, known as deliberate intent claims.

Meeting the requirements to pursue a lawsuit against your employer can be difficult on your own. Get in touch with Jan Dils, Attorneys at Law, right away to connect with a knowledgeable Parkersburg workers’ compensation lawyer.