West Virginia Deliberate Intent – Mandolidis Claims
A Mandolidis case is also known as a deliberate intent case and refers to a situation where the employer intentionally places the employee in a dangerous working condition – unknown to the worker, but known to the employer. Each of the following must be proven:
- A dangerous and unsafe working condition existed
- There was a high probability of risk, injury or death to the worker
- The employer had specific, actual knowledge of the unsafe working condition, and a high probability of serious injury or death
- The unsafe working condition was in violation of a specific state or federal safety statute, rule or regulation, or
- Was in violation of a common safety standard or regulation within the industry
- Despite the facts indicating that there was a serious risk of harm and that common safety issues were violated, the employer nevertheless still placed the worker at risk by placing them in the working environment
- The employee experienced severe injury or death, either of which are compensable
The effect of the Mandolidis ruling – resulting from intentionally placing a sawmill worker in contact with an industrial saw blade that lacked a safety guard – is to hold the employer liable where injuries are most certain to occur. Employers lose the protection of Worker’s Compensation coverage in these cases and must pay for damages otherwise.
Mandolidis and You:
It is vital to speak to a knowledgeable West Virginia Mandolidis attorney immediately if you feel your situation falls within the Mandolidis guidelines. Do not delay. Each case must be thoroughly and specifically scrutinized. The five required elements must be met to qualify. In theory it would seem relatively easy qualify but this is not necessarily so. This is a most unusual set of circumstances and requires particular attention to detail. Tiano O’Dell can help you – see below to schedule an appointment.
Complimentary Consultation with West Virginia Mandolidis Attorney; No Fee Unless We Win Your Case:
Tiano O’Dell is a Charleston-based personal injury law firm that has been helping victims and their families for twenty years. We handle cases throughout the state and are available to help you pursue compensation for injuries that you have received. Firm founders William Tiano and Tony O’Dell were named as top 100 Trial Lawyers by the prestigious Trial Lawyers Association, in addition to having been designated as West Virginia Super Lawyers. There are no fees unless we win or settle your case. It is advisable to speak to a West Virginia Mandolidis attorney at the earliest possible time. While most cases are settled with the defendant’s insurance company or other responsible parties, each case is meticulously prepared for trial. To schedule your free case review, call Tiano O’Dell at 304-720-6700.
