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Workers' Compensation Archives

SSDI: What happens after the accident?

Whether it was a car accident that left you with severe back pain, or a work accident that left you with head trauma, if you are unable to work, you are likely feeling a financial crunch. Personal injury settlements and worker's compensation can only cover your expenses for so long before you find yourself wondering how you are going to pay the mortgage, your car payment and your electric bill.

Man files lawsuit after getting fired

Workers in West Virginia who experience work-related illnesses or injuries should be able to trust that they will receive not only adequate care but fair treatment from their employers as well. One form that such fair treatment may take is the acceptance by an employer of any workers' compensation claims that may be filed. Another is proper communication about job responsibilities and any shifting that may occur.

The danger of falls on construction sites

West Virginia construction workers face some of the most dangerous working conditions possible. Many things can happen on construction worksites but falls are known to be among the most serious issues facing employees on construction job sites. Federal regulations monitor fall prevention guidelines and procedures but the risk of falling from scaffolding, a ladder and more always exists.

Returning to work with a traumatic brain injury

Traumatic brain injuries are amongst the most common accident injuries that occur in the workplace, in West Virginia and across the nation. This may be due to the fact that brain damage can happen to workers across any occupational field or industry. Brain injuries affect both employers and workers through decreased productivity, lost wages, rehabilitation, ongoing medical care, workers' compensation claims and possible long-term cognitive damage, according to the National Institutes of Health. People who are involved in a work-related slip-and-fall accident, are struck by a falling object or fall from heights are at risk of receiving an injury to the brain.

Construction safety violations can be deadly

Construction has for many years been one of America’s most dangerous industries. Every day in West Virginia and across the United States, construction workers face serious injury or death. Many construction accidents are preventable, and some occur as a result of workplace violations.

What is the “going and coming rule” for workers’ compensation?

The general rule for workers’ compensation claims is that the work-related injury or illness that is the source of the benefits claim must be connected with the worker’s employment. Courts in West Virginia have interpreted this requirement to generally exclude injuries to workers who are traveling to or from work and not on the premises of the employer under what has become known as the “coming and going rule.”

What should you do about unsafe conditions where you work?

In Florida, as in many other states, the death penalty is a legal sanction that can be applied in cases of capital murder. But who gets to make the decision – the jury, or the judge? That is the crux of a Florida death penalty case that the US Supreme Court will be considering during his current term.

What types of workers’ compensation benefits are available to me?

Provided that you meet the requirements for a workplace injury to be compensable under West Virginia workers’ compensation law (a personal injury that you receive in the course of and which is the result of your employment), and your employer is legally required to participate in workers’ compensation, then depending on the nature and severity of your injury or illness you may be eligible for any of several types of compensation. This post will introduce you to the general categories of benefits available.

Are there ways around the workers' compensation exclusivity rule?

Workers' compensation in West Virginia is like that in most states in that except for narrowly-defined exceptions it is intended to be the sole remedy available to employees who are hurt on the job. This intention is generally known as the "exclusivity rule." There exist, however, some situations in which an employee can seek to go outside of workers' compensation, which this post will address below.

New West Virginia law restricts workers’ compensation lawsuits

Many workers’ compensation claims are difficult to win without the assistance of an attorney. In many cases, the employer and its insurer try to avoid, or at least reduce, their liability in workplace accidents. Workers’ compensation claims can be costly to employers, but the costs are justified when their employees are injured on the job and require medical care and assistance with living expenses during their time off work.

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