News - Monthly Archives: June 2015
Maintaining and Following Strict Safety Guidelines Will Help Successfully Defend Deliberate Intent Actions
Employers in West Virginia enjoy statutory immunity from common law civil actions for workplace injuries. Notwithstanding the protection offer by the workers’ compensation statute in West Virginia, the legislature has created a cause of action that allows for the imposition of additional civil remedies under the “deliberate intent” statute. Defense of deliberate intent actions starts well before the employer is served with a lawsuit. The employer must begin periodic review and constant enforcement of safety …