In The Section

Wrongful Death

Exposure to very dangerous conditions on the job is a daily reality for many West Virginia workers.

Most days, nothing happens. But where do you turn for help when a dangerous condition produces a fatal accident or causes some other death in the workplace? If you lost a close family member in such an accident, it's important to know what compensation may be available to you.

At Cormany Law PLLC in Charleston, we have more than 17 years of experience helping family members understand and assert their options for pursuing compensation after the workplace death of a loved one. We also offer a free initial consultation.

Workplace Fatalities And Intentional Exposure To Unsafe Working Conditions

The general rule in workplace injury cases is that a worker's financial recovery is handled through the workers' compensation system. The workers' comp process is different from a personal injury lawsuit alleging negligence or other wrongdoing.

In West Virginia, however, if the facts show that the employer knowingly and intentionally exposed a worker to an unsafe working condition, the worker or his family can bring a civil action for damages above and beyond the minimal workers' compensation benefits. These actions are sometimes called Mandolidis claims.

In other words, there is a legal principle that says the family of a worker who was killed on the job is not necessarily limited to a workers' compensation remedy. Whether this legal principle applies depends on the hazards of the employment, the employer's knowledge and other factors.

Moreover, if a worker injury or fatality is caused by the negligence of a non-employer third party, damages for that injury or wrongful death may be pursued against the party as well.

How An Experienced Attorney Can Help

Attorney Jon Kristopher Cormany is an accomplished trial lawyer who is also adept at evaluating work injury or death cases. Our firm has a reliable track record of getting results for clients in these cases.

Cases that raise the issue of wrongful death in the workplace can be complicated. There may be questions about the role of supervisors or third parties. The contributing role of the worker's own actions may also sometimes be at issue.

We have the experience to address these issues and handle your case in ways designed to serve your best interests. Our firm can explain which family members are entitled to pursue a wrongful death claim. Once you understand your rights better, we can help you assert them in appropriate cases to pursue proper compensation.

Free Consultation With A Skilled Workplace Injury Lawyer

To set up a free initial consultation with Cormany Law PLLC, call 304-720-3566. You can also schedule your appointment by completing the convenient online form.