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Duffield, Lovejoy, Stemple & Boggs, Attorneys at Law

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November 2015 Archives

High resident-fall risk adds to nursing home staff responsibility

We are seeing an aging population in West Virginia and throughout the country that is reflected in the number of elderly individuals residing in nursing homes. According to the government, there are currently at least 1.4 million nursing home residents who are at least 65 years of age, and that number is anticipated to rise to 3 million within the next 15 years.

A serious injury accident can be financially, physically ruinous

You can get into an accident as many ways as you can think of getting into your car: going to or from work, stopping at the store to pick up a few items, taking the kids to a school event, and more. Particularly when the accident involves another vehicle, you might not only be injured but those injuries may be serious and long-lasting. Broken bones, burns, organ damage or spinal cord or brain injuries are real risks if you have been physically slammed about in a vehicle or if it catches on fire.

Differences between wrongful death and survival actions

The loss of a loved one that would have been avoidable in the absence of the negligent or otherwise wrongful act on the part of another will leave the surviving family members with choices to make. One of those choices is whether to take legal action in response. Another choice is what kind of legal action to take if the first decision results in an affirmative answer.

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.”

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