In West Virginia, an employer is typically immune from a lawsuit for injuries covered by Workers' Compensation. However, this immunity can be lost if the employer acted with "deliberate intent." The requirement of "deliberate intent" can be proved if the employer acted with a conscious, subjective and deliberately formed intention to produce the specific result of injury or death to an employee. This, however, is very difficult to prove and you need the experience and legal knowledge of Gary C. Johnson, P.S.C. on your side.

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