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Charleston WV Personal Injury Law Blog

Bus driver claims he was fired unjustly because of his weight

A West Virginia man filed a lawsuit against the Lewis County Board of Education, claiming unjust termination of his employment as a bus driver. He is now awaiting the judge's decision over whether the case will go to a trial by jury. The bus driver claims he was fired unjustly because of his weight.

According to the complaint, the man was disabled after falling off a tractor, preventing him from driving the school bus for two years. He asserts that, upon his return to work, the board allowed him to operate a bus. During his second day back at work, he claims to have been instructed to take a physical agility test. He contends that ordering him to perform the test was a discriminatory action because only new drivers are typically subjected to such tests.

West Virginia enacts measures to prevent elder abuse and neglect

Authorities in West Virginia recently enacted new measures to protect the health and well being of elderly residents. Elder abuse and neglect is an unfortunate problem in nursing homes and care facilities, often occurring due to the negligence or other wrongdoing of a caregiver or employee. The new state program will require criminal background checks for those who seek employment in an extended care facility.

These new programs require applicants submit to a fingerprint check as well as a national background check. Those affected by this initiative are those who wish to work in any long-term care facility, which includes nursing homes, home health programs, hospice care providers and day care programs for adults. This legislation was approved by both legislative houses and was signed into law by the governor.

Fatal car wreck claims life of West Virginia teenager

The numbers of teenagers that lose their lives or suffer injuries in car accidents remains a matter of concern nationwide. West Virginia is no different, and a recent fatal car wreck is being investigated by authorities. Young drivers may not always realize that they -- along with the registered owners of the vehicles -- may be held responsible for accidents that cause injuries or death to their passengers.

According to a preliminary accident report, a head-on collision occurred early on a recent Friday morning on a local roadway in Upshur County. The accident involved an SUV and a car that crashed under circumstances that were not specified. The fire departments of two counties were involved in freeing the occupants from the vehicles.

A brain injury in a child can have a long-term impact

West Virginia readers know that when a child suffers from a head injury, it can have devastating and long-term effects. A brain injury, even a minor one, can impact development, the ability to concentrate and more. A recent study on the impact of a head injury found that children who have suffered an injury to the brain may have difficulty focusing and reacting.

A traumatic brain injury, or TBI, is one of the most common consequences of a serious car accident. Children who are the victims of car accidents may suffer from physical injuries that eventually heal, but the effects on the brain may last much longer. A recent study compared the development, emotional stability and personalities of children who had suffered a TBI. The study found that, even after more than a year after the initial accident, children were still displaying signs of trauma.

Are you in a hostile work environment after taking medical leave?

Workers in many industries in West Virginia may find themselves in situations in which their employers interfere with their rights to medical leave. It is not uncommon for employers to retaliate against workers exercising those rights. Although retaliation by employers does not always lead to termination, it may lead to a worker's resignation due to the hostile work environment.

Common forms of retaliation include employers exercising undue pressure on workers to cut short periods of temporary disability or maternity leave. The way in which workers use sick time may be questioned, and, in some cases, unreasonable or unlawful conditions are imposed on a worker's rights to medical visits or maternity leave. Workers have the right to take time off work to care for a spouse, child, or other close family member after surgery or a serious illness or accident. However, applications for such leave are often refused by employers.

Retaliatory discharge claimed by woman who reported abuse

Because of circumstances beyond their control, many families in West Virginia must send their loved ones to nursing homes and/or rehabilitation facilities. They do so with trust that the facility will provide the best possible care. Unfortunately, one out-of-state woman had concerns that the nursing home she worked for may have been negligent in its care of patients. When she reported her concerns to the proper governing agency, she claims she was fired. She has recently filed a lawsuit claiming retaliatory discharge.

Her lawsuit claims that she began submitting claims regarding the treatment of patients at Cahokia Nursing and Rehabilitation Center after she became concerned about negligence and abuse. As a result, the administrator -- who has since resigned -- allegedly began retaliating against her. Although the plaintiff submitted a written complaint about the alleged retaliation to other officials, she claims no action was taken.

Defending those who are suffering from elder abuse or neglect

It is particularly heartbreaking when a helpless individual is abused, neglected or mistreated by those who are supposed to provide care. Our team is dedicated to helping elderly individuals in West Virginia who are suffering from elder abuse or neglect. We know how hard it is to see a loved one suffer, but we can help those who cannot help themselves seek a full recovery for their pain and injuries.

Elder abuse can be emotional or physical. Many nursing facilities are understaffed or workers are poorly trained, resulting in injuries, malnutrition and unsanitary conditions. This type of neglect or negligence can be devastating for residents, leading to emotional trauma in addition to physical pain. This treatment is likely not intentional, but facilities should always provide a certain level of care for those who are under their supervision.

Multi-vehicle car accident leads to temporary closing of I-64

Interstate64 in West Virginia was recently reopened after an eight-hour closure. Authorities took several hours to clean up the spilled fuel that was leaked after a massive car accident. The collision involved nine vehicles, including a tractor trailer and a dump truck. Several injuries were reported after the collision.

West Virginia authorities are still investigating the cause of the accident. In particularly complex accident cases, it can be difficult to determine the reason for a crash or what factors contributed to the incident. However, victims of any serious accident may seek legal assistance, even if the crash is still under investigation.

Woman files suit after being fired, cites gender discrimination

There are various types of discrimination that may be found in a workplace. In astate outside of West Virginia, a woman recently filed a lawsuit against her former employer, alleging that she was a victim of pregnancy and gender discrimination. The claim alleges a violation of the Civil Rights Act of 1964, which includes the Pregnancy Discrimination Act

The woman was an employee of a hospital for over five years. She was most recently a neurophysiology technician, requiring her to travel to and from hospitals. She asserts that she always received positive evaluations concerning her work performance -- up until the time, in Sept. 2014, she informed her supervisor that she had conceived.

High risk for car crash injury due to defective auto parts

The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into the major manufacturers of airbags. The initial investigation was expanded after there were two separate reports of malfunctioning airbags. According to reports, millions of vehicles may be outfitted with airbags that are at risk of explosion, placing all drivers at a higher risk of car crash injury.

These airbags may explode, launching dangerous debris and metal fragments at drivers and passengers. One of the major airbag manufacturers, Takata, initiated a recall in May that affected over 33 million vehicles, including many in West Virginia. It is thought that these defective airbags may be related to at least six deaths across the country.