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May 2016 Archives

Some Things To Know About Reasonable Work Accommodations

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 maximize efficiency and productivity.

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 our great state. Not only is keeping children safe on West Virginia's roads a priority of West Virginia drivers, it's also a priority of the State of West Virginia, specifically the Child Passenger Safety Program (CPSP), part of the Governor's Highway Safety Program (GHSP).

What You Need To Know About Medical Malpractice In West Virginia

Since taking effect in 1986, the Medical Professional Liability Act, W.Va. Code ยง 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 reasonable compensation to those persons who suffer from injury or death as a result of medical negligence" while balancing "the cost of liability insurance coverage . . ." In West Virginia It is the duty of all professional healthcare providers to provide each patient with quality medical care.

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 collision in the circumstance when the driver in front brakes suddenly." Following vehicles too closely is the number one cause of rear end crashes in West Virginia. How do we avoid this type of accident?

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.

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, property damage, or wrongful death, fault will be allocated by the fact-finder to both parties and nonparties in direct proportion to their percentage of fault. House Bill 2002 is applicable to causes of action arising on or after May 25, 2015. It does not apply to the Governmental Tort Claims and Insurance Reform Act, the Medical Professional Liability Act, and the Uniform Commercial Code.

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 were the most frequently filed charge accounting for 45 percent of the total number of charges, which increased from 88,778 in 2014 to 89,365 in 2015.

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 for much more-and should be.

Minimum Wage in West Virginia in 2016

Presently in 2016, the federal minimum wage is $7.25 per hour. West Virginia' minimum wage went up to $8.75 per hour, up from $8.00 per hour, on January 1, 2016. Here are some other things to know about the minimum wage in West Virginia in 2016:

Statute Of Limitations Issues In West Virginia

"Statutes of limitations" define the time limits for parties filing civil lawsuits and the state prosecuting the commission of crimes. They are often determined by the type of cause of action or crime in a particular matter. Each state, including West Virginia, has their own set of statutes of limitations.

Top 10 Employment Issues for 2016

Employment law is always changing. Currently, a majority of the laws are aimed at income equality and worker protections, from same-sex couples to pregnant employees and minimum wage improvements. If you aren't on top of these changes as they develop, you could get caught without the right worker protections in place.