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Charleston WV Personal Injury Law Blog

Man's fatal accident may have been caused by violations

A West Virginia woman has recently filed a wrongful death claim against the mine where her husband worked, claiming that the coal company is responsible for her husband's fatal accident. According to the claim, dangerous equipment led to the fatal accident in the mine. The suits alleges that certain machinery was modified, presumably making it dangerous for workers. 

The man died as he was working the night shift at Pocahontas Mine. The victim and another worker were doing maintenance work, with the man who subsequently died walking along on foot. As the other worker was maneuvering the scoop, it fell and pinned his work partner in between two machines. The man later died at the hospital. 

After a car accident, we can help with insurance matters

There are few things as overwhelming as a car accident. The initial shock of the incident is often enough to cause long-term emotional trauma. In addition to the emotional struggles, many people face medical bills and other unforeseen expenses in the days and weeks that follow. It is easy to feel lost after any type of car accident, but you to do not have to face these difficult circumstances alone. 

Even after a serious accident resulting in significant damage, insurance companies usually do not  have the best interests of West Virginia residents in mind; their focus is on the bottom line. Our team has extensive experience negotiating and working with insurance companies so that you can focus on other important matters after an accident. If your claim has been denied after a car accident, you have legal options. 

Obese woman may face more sex discrimination in the work place

It is well known to West Virginia readers that women still face a certain amount of sex discrimination in the work place. While this is a disturbing trend, it is important to note that obese women may face additional challenges. A recent study into sex discrimination revealed that obese women may actually make less money for more demanding jobs.

This recent study searched into the issues for obese women in the workplace. The study wanted to determine if these women were less motivated than other employees or if the discrimination stemmed from the employers themselves. The study found that many obese women in the workplace are in jobs that require more physical activity and less interaction with clients or customers. The problem in this trend is that the jobs that require more personal interaction pay more.

Couple sues ambulance company over car accident

A couple from Calhoun has filed a lawsuit against an ambulance company over a car accident that resulted in extensive injuries. The lawsuit claims that the ambulance drove their vehicle off of the road as the ambulance changed lanes. The West Virginia couple alleges that driver negligence was the cause of the car accident. 

The accident occurred as the couple was driving along Interstate 79 in Monongalia County. The ambulance driver allegedly tried to merge into their lane, forcing the driver off of the road. Consequently, both the driver and the passenger suffered significant physical damage. 

Serious car accident in McDowell County under investigation

A serious car accident in McDowell Country is under continued investigation after two people were severely injured. The crash caused burns on both of the victims, requiring extensive medical treatment. The car accident occurred when a pickup truck collided with a large truck that was carrying a load of debris. 

At this time, it is not immediately clear what caused the accident, but West Virginia law enforcement is continuing to investigate the reason for the crash. The driver of the larger truck did not suffer any injuries. Once the cause of the accident is known, it can be determined whether the injured victims have grounds to pursue a personal injury claim. In order for a lawsuit to be successful, there must be substantiating evidence to validate the civil claim. 

Siemens whistleblower files complaint for being fired unjustly

A former employee for Siemens is claiming that she lost her job because she spoke out about issues she had with the company's medical records system. She alleges that she lost her job after voicing her concerns at the West Virginia facility. At the time of her report, Siemens was apparently being investigated for fraudulently obtaining contracts. The plaintiff threatened to take legal action against the company for being fired unjustly but was given her job back seven months later.

Although her complaint with the company had been settled, it was not the end. As part of her settlement, she was to be reinstated for two years. Once that period had ended, the plaintiff alleges she was subjected to an uncomfortable work environment. She claims she was subjected to physical injury as well as intentionally inflicted duress, which forced her to quit her job.

Man claims his improper drainage complaint had him fired unjustly

Many employees have problems at some point with their employers, but these can usually be remedied. In some instances, however, the complaint could result in the employee being fired unjustly. A man working for a planning commission in West Virginia filed a complaint and spoke to the mayor, remarking that some of the drainage from sidewalk projects was going onto his property. He claims that he sought financial relief for the inconvenience. After reporting the incident, he claims he lost his job.

According to his complaint, the mayor was apparently angered and wrote a letter to the plaintiff, telling him he was fired. At the next planning meeting, the plaintiff claims he was told by the mayor that he had no business being there. In front of the commission, the plaintiff allegedly was asked by the mayor if he had received his termination letter yet.

Former employee for a mining company claims he was fired unjustly

Age should not be a defining factor in whether to continue to keep an employee. As long as the worker is able to continue to perform the essential functions of the job, there should not be an issue. However, there are occasions when a company may feel that a worker has lost his or her value to the company due to age, resulting in the employee being fired unjustly. That appears to have been the case for a West Virginia man who asserts that the only reason he lost his job was because of his age.

The plaintiff worked for Coal River Mining LLC in various positions. He was a miner operator and then became a dispatcher. He claims that his employer wanted to be alerted when federal and state inspectors were coming in for a visit. According to the plaintiff, he did not believe that it would be legal to alert his superior in advance, and refused to do it.

Ex-producer for CNN claims he was fired unjustly for age and race

Firing someone is never easy, but certain laws have been put in place to allow companies the right to terminate an employee who is not working to standards. West Virginia and many other states are considered "at will," meaning a worker can be terminated at any time and without the need for first establishing just cause for doing so. However, there are still instances where workers are fired unjustly, and legal remedies exist to right those wrongs.

A man who worked at CNN for the better part of two decades claims that he lost his job due to age and race discrimination. He is described as both Latino-American and African American. During his tenure, he covered many major news stories, including Hurricane Katrina, 9/11 and the 2012 election. He was the first black man in California to be promoted to producer. Unfortunately, he apparently never received another promotion.

Worker loses his job after reporting a hostile work environment

Although it is illegal, many employees are still the victims of sexual harassment. West Virginia workers may not speak up out of fear of retaliation, including concerns about losing their jobs. Sometimes, however, observes a hostile work environment and tries to do the right thing by reporting the incidents to a supervisor. A few employers, however, simply don't want to deal with the situation and silence the worker with a wrongful termination instead.

A former worker for a surgical company believes that his witnessing sexual harassment led to his termination. According to his complaint, the plaintiff witnessed what he deemed to be sexual harassment between a worker and some female employees. He believed that the behavior was against the law and a liability for the company, and he wrote an email to the CEO detailing the incident and who was involved.

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