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Charleston WV Personal Injury Law Blog

Sexual harassment comes in many forms

As an employee, you take great pride in providing your employer with top-notch work. Unfortunately, this doesn't mean that nothing bad will ever happen at your place of employment.

Sexual harassment remains a major problem in companies throughout the United States, with many employees, both male and female, becoming a victim.

What's the best way to aid a child with a traumatic brain injury?

How do you help a child who has suffered a mild or moderate traumatic brain injury recover? It turns out that having a stable home environment with optimal parenting may be the best treatment available.

A study published by the Association of Academic Psychiatrists tracked injured children for as long as seven years. They found that children with traumatic brain injuries were twice as likely to have developed attention problems as those without a TBI. Those with more severe injuries were five times as likely to develop secondary Attention Deficient Hyperactivity Disorder as those who had never had a TBI.

State may be 'hot spot for anti-LGBTQ legislation in 2017'

Although numerous advances in equal rights for lesbian, gay, bisexual and transgender people have been made in recent years, there are still many states where LGBT people can be discriminated against in the workplace because of their sexual orientation or gender identity. West Virginia is one of those states.

Advocates for LGBT rights are concerned that things are only going to get worse. The Human Rights Campaign has called West Virginia a "hot spot for anti-LGBTQ legislation in 2017."

Dangerous highway conditions can cause an accident

There are many highways that run through the state of West Virginia. As a driver, you know that sharing the road with other cars and trucks is a part of life.

What you may not realize, however, is that there are times when dangerous road conditions can cause an accident. This can include but is not limited to the following:

Wrongful termination: Your duty to mitigate your losses

West Virginia's Wage Payment and Collection Act imposes an expectation on employees who have been wrongfully terminated to mitigate their own damages through "reasonable diligence." In practical terms, what does that mean?

You're expected to try to find the same or comparable employment as soon as possible. If you don't, the court will reduce any part of your settlement that represents future wages by whatever it believes you could have earned if you'd tried.

Construction company wins case move to federal court

The Davis H. Elliot Construction company succeeded in removing three pending lawsuits by former employees who all allege wrongful termination from the state court to a federal one.

The plaintiffs filed together in North Carolina, but the defendant is in Kentucky. The incident that started the lawsuit actually took place in West Virginia. Federal courts can only hear certain types of claims, including those where the potential verdict is above 75,000 and the dispute is between citizens or entities in different states.

How is a traumatic brain injury treated?

Nobody wants to suffer a traumatic brain injury, as this can change your life in many ways. However, if you do find yourself in this position, it's good to know that there is more than one type of treatment option.

The type of care you receive is based largely on the injury. For example, there is a big difference between a concussion and a traumatic brain injury that puts you in a coma for an extended period of time.

Calling for assistance for an injured coworker is a protected act

Note to employers: When somebody cuts off a thumb, it's basic human decency to call for an ambulance.

You don't have to take our word for it, either—the Occupational Safety and Health Administration says the same thing. It also says retaliating against an employee who does try to call for an ambulance when something like that happens is a violation of the law.

Study claims lumberjacks have the most dangerous job

The title of "most dangerous profession" gets thrown around a lot. Some point to the construction industry, where many accidents happen, while the risks of being in the military or on the police force can't be denied. However, one study looked at the numbers for 2013 and determined that lumberjacks actually have the deadliest job in the country.

The study looked at all job-related fatalities for the year and then listed how many fatalities there were for every 100,000 workers. For 2013, there were 91 deadly accidents involving logging operations for each 100,000 lumberjacks. That took the top spot by a fair amount, as the second was fishermen, with just 75. That was followed by aircraft pilots and engineers, with 51, and then roofers, with 39.

Workplace disability discrimination and reasonable accommodation

The Americans with Disabilities Act is in place to prevent discrimination against disabled people in the workplace.

Despite the fact that Congress passed this act in 1990, disability discrimination still remains a problem throughout the United States. This isn't to say that every company is partaking in this form of discrimination. But some employers display this behavior.

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