HUNTINGTON — A former employee is suing Steel of West Virginia alleging he was wrongfully terminated earlier this year after sustaining an injury.
SWVA denies the claims against it, according to an answer filed Sept. 15 in U.S. District Court for the Southern District of West Virginia.
SWVA claims the plaintiff's claims are barred because SWVA has not defaulted on payments or has not otherwise failed to comply with provisions of the West Virginia Workers' Compensation Act. It argues the plaintiff's claims are also barred because SWVA did not deliberately intend to produce injury to the plaintiff.
"SWVA cannot be held liable to the Plaintiff in that the Plaintiff cannot satisfy the necessary prerequisites to establish a claim because: (1) There was no specific unsafe working condition in the workplace that presented a high degree of risk or strong possibility that death or serious bodily injury would occur; (2) SWVA did not have actual knowledge of the existence of a specific unsafe working condition or of the high degree of risk or strong probability of injury or death resulting from the alleged specific unsafe working condition; and (3) There was no specific unsafe working condition that was a violation of a state or federal safety statute, rule, or regulation, or of a commonly accepted and well-known safety standard within the industry or business of SWVA that was specifically applicable to the particular work and working condition involved," the answer states.
Clay's Performance Construction was also named as a defendant in the suit.
Charles Palmer was employed by SWVA as an electrician and on July 8, 2021, he was working as part of a "down day" where employees and contractors disassemble and/or clear out materials and stack them for later disposal, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
During Palmer's shift, employees of Clay's were breaking down and clearing out debris and materials on a walking surface, according to the suit.
Palmer claims the walkway was obscured by the materials and standing water, mud and soot.
"Following the conclusion of their work, employees of Defendant(s)...left the oxygen-acetylene hose across the walkway," the complaint states.
Palmer claims the hose was covered in mud, water and/or soot and other discharges from the steel manufacturing process and created a tripping hazard.
SWVA failed to adequately inspect and/or otherwise maintain the walkway, according to the suit.
Palmer claims he tripped over the hose and was severely injured and made a claim for workers' compensation after the injury. His employment was then terminated, according to the suit.
Palmer is seeking compensatory and punitive damages. He is represented by L. Dante diTrapano, Amanda J. Davis and Timothy D. Houston of Calwell Luce diTrapano in Charleston.
SWVA is represented by Charles K. Gould and Michael A. Frye of Jenkins Fensterkaer in Huntington.
U.S. District Court for the Southern District of West Virginia case number: 3:23-cv-00474