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Workers' Compensation Archives

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Dedicated to West Virginia workers' compensation clients

Over the last couple of weeks, we have discussed instances of workplace accidents that have left individuals injured or dead and potential defenses that can arise to workers' compensation claims. It is a tragic reality that many West Virginian jobs are dangerous. At any given moment, something can go wrong. West Virginians might end up with a debilitating injury that requires extensive medical care and that renders them unable to work. West Virginians hurt at work need to build a strong case to confront the potential defenses their employers will use to avoid liability.

Citations issued for two West Virginia mining accidents

Earlier this year, two separate accidents at two different West Virginia mines left two workers dead and several others injured. Now, West Virginia investigators have issued violations against the companies running those operations. These regulations will hopefully help raise awareness of dangerous workplace conditions and force these companies to implement the measures necessary to keep their workers safe.

What are some West Virginian workers' compensation defenses?

Every day, West Virginians put themselves in harm's way, simply by going to work. Particularly, those who work in the oil, gas, mining and construction industries, a minor mistake on behalf of an employer or a coworker can cause serious injuries, perhaps even death. Fortunately, the workers' compensation system exists to help these individuals recover some of their losses, which may take the form of medical expenses and lost wages.

WV state trooper suffers on-the-job injury during investigation

There are many jobs in West Virginia that are inherently dangerous. Coal mining is a prominent source of employment in the state as are construction, oil and gas. Other jobs that are naturally risky, but which are not thought of in terms of worker injuries, include law enforcement and firefighting. Rest assured, however, that these jobs have their own dangerous elements, making it occasionally necessary that their workers file for workers' compensation. Knowing how to pursue benefits if there is a question about the on-the-job injury is important.

Timing of workers’ compensation filings at issue in appeal

Getting the timing of a workers’ compensation filing correct is important, as filing to submit a timely filing can result in a denial of a claim or receipt of lesser benefits than one is entitled to receive. Injured workers need to have a good understanding of the requirements when it comes to deadlines for workers’ compensation filings, since the workers’ compensation system doesn’t automatically handle the issue correctly.

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.

West Virginia business sued for failure to maintain workers' comp insurance

Workers' compensation is an important resource for employees of all types. When workplace injury occurs, it is these benefits which allow an injured worker to receive the medical care and other support they need until they can recover. Employers who do not retain workers' compensation not only put their employees at financial and medical risk, but also themselves at legal risk.