More than 40 million Americans and 411,000 West Virginians have some kind of disability, whether physical, mental, sensory, or cognitive. At times, in order to effectively perform their jobs, these individuals may need some workplace adjustment or accommodation to...
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Month: May 2016
What Is The Child Passenger Safety Program?
It's always a little nerve-wracking to be behind the wheel of a motor vehicle that contains children. No one wants to make an error or mistake while driving that results in an injury to a child. Passenger safety is a growing concern among parents and those who govern...
What You Need To Know About Medical Malpractice In West Virginia
Since taking effect in 1986, the Medical Professional Liability Act, W.Va. Code § 55-7B-1 et seq, has contained the statutory scheme for medical malpractice litigation in West Virginia. The legislature's stated objective of the Act is to provide "adequate and...
Assured Clear Distance Explained
Following too closely is defined by the US Federal Motor Carrier Safety Agency as "situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead he/she could not avoid a...
A Single Incident May Make A Work Environment Hostile
In the spring of 2015, the Fourth Circuit Court of Appeals held that a single, isolated instance of harassment may give rise to an actionable hostile work environment claim under Title VII.Traditionally, the United States Court of Appeals for the Fourth Circuit Court,...
Can I Sue for Vaccine Injury?
With all the recent debate over vaccines, there's one point you may have heard from anti-vaccination proponents to back up their decision to not vaccine themselves or children: That you can't sue vaccine manufacturers for vaccine injuries.In 1986, congress created a...
Comparative Fault In West Virginia
In 2015, the West Virginia legislature with HB 2002 abolished joint liability and established a new comparative fault system for determining the amount of damages for negligence-based causes of action. In cases where plaintiffs seek damages for personal injury,...
Employment Law Changes in 2016
Many employment law changes go into effect this year, including changes to sick leave, paid time off, minimum wage and Obamacare requirements.Read on to find out if these employment law changes affect your workplace or your pay.Wages - There's a new minimum wage for...
Retaliation Claims Are On The Rise
The Equal Employment Opportunity Commission (EEOC) recently released its findings for 2015 regarding the tens of thousands of charges of private-sector workplace discrimination filed by workers, employees, and other covered individuals in 2015. Retaliation charges...
Five Things Your Auto Insurer Won’t Tell You
When your car has been totaled in an accident, your insurance company's job is to spend as little as possible on your claim. That means that unless you know what you're owed, you may take a small settlement and just go on your way, when you could have been reimbursed...