If an injured employee has brought a civil action against your company, or your insured, in addition to a claim for worker’s compensation, call the skilled trial lawyers in our Employer’s Liability and Work-Place Safety practice group.
Our employers' liability practice group has more than 75 practice years of experience defending insured and self-insured employers against these claims. We defend a wide range of employers, including coal, timber and gas companies. We defend and represent mines and all types of industrial manufacturers in heavily regulated industries. We also defend building contractors who provide services to mines, gas wells, and even build homes, roads and other structures.
Our employers' liability and work place safety litigation team has substantial experience working with clients’ management teams to investigate work procedures, alleged violations of specific statutes or regulations, or problems with equipment which form the basis of the employee’s civil claim against the employer. Our experienced lawyers will lead your company, or your insured, through all the minute details and procedural hurdles that apply to employee civil claims for work-related injuries, to secure the best possible results.
Our team is well prepared to represent the employer when an employee decides to “get all he can” out of a work-related injury.
We have served as employer’s counsel in numerous employer liability claims alongside manufacturers of various types of equipment and machinery involved in work-related injuries. We often coordinate our defenses to protect our clients. The cases have involved all types of mining equipment and machinery, assembly lines, manufacturing processes and all types of construction equipment, from earth moving equipment to step ladders. We have successfully defended employers in cases involving tools, fall protection and personal protective equipment involving every type of work site.
Our litigators have appeared in courtrooms across the state and have obtained summary judgments which have been affirmed. Our litigators have tried cases in both state and federal court, many to defense verdicts. Our lawyers have successfully argued cases before the West Virginia Supreme Court of Appeals and the Fourth Circuit Court of Appeals at Richmond Virginia.
In addition, our lawyers are on the cutting edge of all issues which arise in the action against the employer, from subrogation to indemnification where the claim is directed against more than one party. We also have vigorously defended our clients’ interests by obtaining Court rulings to enforce indemnity agreements between the employers and third-parties whose acts, omissions or equipment contribute to cause, or actually cause injury to employees of our clients.
Our substantial experience permits us to advise employers on the need for accurate records and thorough accident investigations. We have also represented numerous foremen and management supervisory personnel when they are named as co-defendants by plaintiffs.
Our employers' liability practice group stays on top of new legal issues by actively pooling information and reviewing each new case decided by the West Virginia Supreme Court of Appeals. We maintain a brief bank and a unified internal memorandum to analyze the best strategy for each case. We also maintain close ties with experts who evaluate safety and compliance with the rules and regulations promulgated by the Mine Safety and Health Administration (MSHA), the Occupational Safety and Health Administration (OSHA) and the state agencies which regulate employee health and safety.
We participate in various groups in the West Virginia Defense Trial Counsel, and have the expertise to delve into the details to present and coordinate the best possible defense to any claim. Our skilled staff assists with the regulatory aspects of any case, and our medical staff analyzes personal injuries and the Workers’ Compensation claim. Our firm also defends employers in Workers’ Compensation claims, through their insurers.
Respected
Ronda Harvey, a Bowles Rice partner and leader of the Deliberate Intent Practice Group, was chosen to contribute a chapter entitled “Deliberate Intent, a Unique Cause of Action in West Virginia for Employee On-The-Job Injuries: Is it Really Negligent Intent?” in the book, The Rule of Law by Russell Sobel.
Recognized
Our firm holds an AV rating from Martindale-Hubbell. Members of the litigation group are listed in the Best Lawyers in America , Chambers USA and Super Lawyers. Our firm has always been engaged in the vigorous defense of employers from employees’ civil suits since the 1980s, when Mandolidis v. Elkins Industries created the employee’s commonlaw claim against his employer for a work-related injury. Since the codification of that “common law” claim into the current statutory cause of action, our firm has followed every development and amendment to the statute. We have lobbied on behalf of our manufacturing and mining clients to encourage the West Virginia Legislature to modify and amend the statutes to limit the claims which may be brought by employees against their employers.
Our employers' liability practice group vigorously defends our clients with attention to detail that is second to none. With our clients’ input, and the assistance of their carriers, we establish a team of lawyers and staff lead by a seasoned litigator who is familiar with the industry and its regulatory agencies. Our firm’s technology permits us to control even the largest document intensive case and communicate effectively with our clients and their carriers, through the use of case plans and quarterly reports.
The large number of cases we have tried and summary judgments we have won give us the perspective to help you properly evaluate your case and to assist you, our client to make the appropriate decisions with regard to settlement, mediation and trial.
The Bowles Rice Deliberate Intent team has developed a half-day seminar, focused on employees’ deliberate intent and liability claims against their employers. It can be presented upon request and is intended for persons in management as well as safety officers, risk avoidance specialists and others who are charged with preventing and investigating workplace injuries. It is appropriate to those new to the field as well as those with significant experience.
Topics covered during the presentation include:
- How and why an injured employee can sue
the employer
- How to prevent claims: best practices
- How to conduct a thorough and documented
accident investigation
- How to be the right witness for the company
- Achieved summary judgment for Century Aluminum because Plaintiff was unable to establish that Century Aluminum had a subjective realization of Plaintiff's alleged specific unsafe working condition, one of the required elements of a deliberate intention cause of action.
Falls v. Union Drilling Inc., No. 33907 (W. Va. Dec. 10, 2008);
Hoffman v. Monsanto Company , 2007 U. S. Dist. LEXIS 77975 (2007);
Throneburg v. Perdue, 2006 U. S. Dist. LEXIS 82333 (2006) affirmed at 2007 U. S. App. LEXIS 22836 (2007);
State ex. rel. City of Martinsburg v. Sanders, 219 W. Va. 228, 632 S. E. 2d 914 (2006);
, No. 33907 (W. Va. Dec. 10, 2008); , 2007 U. S. Dist. LEXIS 77975 (2007); , 2006 U. S. Dist. LEXIS 82333 (2006) affirmed at 2007 U. S. App. LEXIS 22836 (2007); , 219 W. Va. 228, 632 S. E. 2d 914 (2006);
- WV Supreme Court held that firefighters’ concerns about future health problem as a result of exposure to diesel fumes in the workplace fell within ambit of workers’ compensation statute, such that negligence action was barred.
Stout v. Ravenswood Aluminum Corporation, 207 W. Va. 427, 533 S. E. 2d 359 (2000) (remanded and tried to defense verdict.);
Kerns v. Slider Augering & Welding, Inc., 505 S. E. 2d 611 (W. Va. 1997);
- Employee sued employer and corporation that hired employer as independent contractor, claiming that employer intentionally exposed employee to unsafe working condition. Summary judgment in favor of employer and corporation.
Persinger v. Peabody Coal Co., 976 F. Supp. 1038 (S. D. W. Va. 1997);
Persinger v. Peabody Coal Co., 196 W. Va. 707, 474 S. E. 2d 887, (1996);
Jordan v. Ravenswood Aluminum Corp., 193 W. Va. 192, 455 S. E. 2d 561 (1995);
Smith v. Monsanto Co. , 822 F. Supp. 327 (S. D. W. Va. 1992)
- Setting forth standards for dismissal of deliberate intent claims and partially granting defendant’s motion for summary judgment.
Bell v. Volkswagen of America, Inc., 836 F. 2d 545 (4th Cir. 1989) (Unpublished);
Boggess v. Monsanto Co., 829 F. 2d 34 (4th Cir. 1987) (Unpublished)
- Plaintiffs appealed from jury verdict in favor of employer on deliberate intent claims. Affirmed.