Can I make a claim for injuries even if the injury is covered by Workers Compensation?
A. In West Virginia, an employer is typically immune from suit for injuries covered by Workers’ Compensation. However, this immunity can be lost if the employer or the person against whom liability is asserted acted with “deliberate intent.” The requirement of “deliberate intent” can be proved if the employer or other person acted with a conscious, subjective and deliberately formed intention to produce the specific result of injury or death to an employee. The requirement can also be satisfied if the trier of fact determines the following: a. That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death; b. That the employer had a subjective realization and an appreciation of the existence of such specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by such specific unsafe working condition; c. That such specific unsa
