Deliberate Intent and Workplace Accident Liability

Deliberate Intent and Workplace Accident Liability

There is a unique area of law in the State of West Virginia known as “Deliberate Intent” or “Mandolidis” cases.

By statute, an injured employee can bypass an employer's workers compensation immunity and bring an action against his/her employer, by establishing that an injury was caused by an employer's “deliberate intent” of exposing employees to unsafe working conditions.

Our deliberate intent attorneys know the rules and regulations that pertain to workplace safety and frequently defend employers in regulatory matters against the Mine Safety and Health Administration (“MSHA”) and Occupational Safety and Health Administration (“OSHA”).

Being the target of a deliberate intent claim can be personally and professionally damaging.

Due to multi-million dollar verdicts and large settlements in the State of West Virginia, deliberate intent is an ever-increasing risk to employers.

The attorneys at Bailey & Wyant have represented clients in both State and Federal Courts, involving deliberate intent claims.

If an employee brings an action against you or your insured for deliberate intent, the attorneys at Bailey & Wyant can help.

Since our inception, our attorneys have stood beside employers in defending deliberate intent cases.

The firm's extensive litigation and trial work has resulted in an experienced team of litigators respected by both the plaintiffs' bar and the courts.

Our typical litigation team includes one or more members and one or more associates, as well as paralegals and other staff.

Because our litigation teams are usually involved from the filing of the lawsuit to its resolution, the firm provides the highest quality of work in the most cost-effective manner.

Additionally, the law firm of Bailey & Wyant, PLLC has access to a vast array of talented and knowledgeable experts who evaluate safety and compliance with the rules and regulations promulgated by MSHA, OSHA and the state agencies which regulate employee health and safety.

Our deliberate intent attorneys are well-versed in handling cases in a jurisdiction that some might perceive as a “plaintiff-friendly” jurisdiction, and our attorneys are well-positioned to provide high quality representation.

Contact Deliberate Intent Defense Attorneys


Jason S. Hammond

Kelly C. Morgan

Justin C. Taylor


Thomas E. Buck