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March 2015 Archives

Two accidents in two days draw attention to mining company’s safety practices

Last week, a work site managed by Alpha Natural Resources became fatal grounds when a diesel truck driver died after his truck overturned while hauling fuel. Few details about the accident have been released as of now and an investigation is being conducted by the federal Mine Safety Health Administration and the state Office of Miner’s Health, Safety and Training.

Work with experienced attorney on “deliberate intent” claims

In our previous post, we began speaking about a bill currently under consideration in the West Virginia House of Representatives which would clarify the requirements for injured workers to bring a civil claim against their employer, outside the workers’ compensation system.

Lawmakers look to clarify understanding of “deliberate intent” in workers’ comp cases

In out last post, we began speaking about the workers’ compensation exclusivity rule, which ordinarily prevents workers from suing their employer in court when they are injured on the job. There are good reasons to limit when employees can sue their employer for injuries, and these are ultimately rooted in the basic compromise workers make by participating in the workers’ compensation system.

Worker’s compensation law and the exclusivity rule

Readers may or may not be aware that workers’ compensation—a valuable resource for injured workers—comes at a price. What we mean by this is that workers, in exchange for the benefits of the workers’ compensation system, generally give up the ability to sue their employer when they are injured on the job. In other words, workers’ compensation is the exclusive remedy for injured workers, at least in most cases.