What are Mandolitis Claims?
Many different types of accidents can occur in the workplace and, generally, employees can recover medical costs and lost wages based on workers compensation or, in the case of third-party liability, by suing the third party. A Mandolitis claim is another type of worker personal injury claim you may be able to pursue. If you suffer injury at your workplace, a West Virginia industrial accident lawyer can explain your rights to compensation.
Mandolitis refers to a West Virginia case called Mandolitis v. Elkins Industries, Inc. that awarded damages due to an employer inflicting injury based on deliberate intent. Since then, in the expression “Mandolitis claim,” Mandolitis has become synonymous with “deliberate intent.” Normally, workers compensation law gives employers immunity from lawsuits brought by workers because of work-related injuries. However, in the case of an employer’s deliberate intention to injure or kill a worker, there is no immunity against legal recourse. West Virginia Code §23-4-2 defines “deliberate intention” in terms of the following:
- Employer acted “consciously, subjectively and deliberately formed intention to produce the specific result” of the employee’s injury or death.
- Gross negligence, aggravated negligence or willful, wanton or reckless misconduct alone do not prove deliberate intention. Conduct that injures or kills without that specific intended result also does not prove deliberate intent.
When serious injury or death results from West Virginia industrial accidents, injured workers or their families should seek legal help to ensure the compensation received is enough to offset expenses.
The Prim Law Firm has experience in the trade industries and with obtaining jury verdicts and settlements in complicated accident cases.