Can I Receive Both Workers’ Comp and Third-Party Damages?
The moments after a severe workplace accident blur together with wailing sirens, emergency room lights, immediate pain, and the overwhelming financial dread that follows. For families relying on a steady paycheck, a sudden industrial injury or highway collision on the clock threatens their entire financial foundation. When faced with catastrophic medical bills and a loss […]
When Vending Machines Attack: Third-Party Liability for Breakroom Equipment Injuries
A young office worker in Charleston reaches for a soda from the breakroom vending machine. Suddenly, the overloaded machine, improperly secured, tips forward, pinning her leg and causing severe fractures. This isn’t a scene from a quirky action film; it’s a stark example of an unexpected workplace hazard. Breakroom equipment, from the seemingly innocuous coffee […]
Understanding the Differences Between SSDI and SSI
Living with a disability presents numerous challenges, including financial strain due to medical expenses and limitations on earning capacity. The Social Security Administration (SSA) offers two programs designed to assist individuals with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While both programs aim to provide financial support, they differ significantly in […]
5 Common Reasons Workers’ Compensations Claims Are Denied
Workers’ compensation is a system that is set up to protect workers who sustain an injury or illness that is related to their job. In West Virginia, nearly all employers are required to maintain workers’ comp coverage for their employees. There are some exceptions; such as casual employers with fewer than three employees, agricultural employers […]
What does state law have to say about discrimination in workers’ comp cases?
Recently, we spoke about a lawsuit recently filed by a West Virginia worker who alleged that his employer routinely discriminated against employees who attempted to exercise their right to workers’ compensation. West Virginia law, to be sure, prohibits employers from discriminating in any fashion against present or past employees due to their receipt or attempt […]
Proving that you were fired for filing for workers’ compensation
For many people who get hurt at work, filing for workers’ compensation can seem intimidating, if they have reason to believe the boss will fire them for doing so. Firing an employee in retaliation for seeking workers’ comp benefits is illegal in West Virginia, and is considered a form of workplace discrimination. Still, often it is […]
MSHA says mining injuries and deaths were at a record low in 2012
We have been reporting a number of stories about the rash of coal mining accidents that have plagued the industry in the early part of this year. Several fatal mine accidents occurred in rapid succession in West Virginia mines in February. The string of tragic accidents came after what mine safety officials say was a […]
Mesothelioma can strike years after workplace asbestos exposure
A rare but deadly form of cancer can strike anyone who has ever been exposed to asbestos. In the U.S., asbestos was once used in many industries due to its durability and resistance to heat, fire, chemicals and electricity. Today, we recognize the danger of asbestos, but for many people in West Virginia, the damage […]
How OSHA tries to prevent construction site accidents
Because construction work is so potentially dangerous, the Occupational Safety and Health Administration enforces several safety regulations at construction sites. These regulations can be roughly divided into construction worker rights and obligations OSHA places on contractors and similar employers to provide a reasonably safe workplace. Employee Rights Among the rights construction workers enjoy under federal law […]
Besides workers’ comp, how else do workers get compensated?
Workers’ compensation exists to provide a way for victims of workplace injuries or illnesses an avenue for recovery, so that they need not suffer a financial burden on top of their disabling condition. It also helps employers limit their financial risk. Most of the time, an injured worker cannot both collect workers’ comp and sue […]