Which scenario allows for an exception to exclusive remedy protections under West Virginia WC law?

Under West Virginia Workers' Compensation law, the exclusive remedy provision generally protects employers from lawsuits for work-related injuries, providing that employees cannot sue their employer for damages outside of the workers' compensation system. However, there is a significant exception to this rule: injuries that occur due to the deliberate intention of the employer to cause harm.

This means that if an employee can prove that their injury resulted from the employer's intentional actions, they may have the right to pursue legal action beyond the workers' compensation system. Such cases are treated distinctly because they reflect a violation of the employer's duty of care and can be considered a form of willful misconduct.

In contrast, scenarios like injuries caused by employee negligence, injuries from third-party negligence, and injuries resulting from equipment malfunction do not breach the exclusive remedy protection, as these situations do not involve intentional harm by the employer. Instead, they remain within the bounds of what workers' compensation is designed to address: providing a no-fault system for compensating injured workers.