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Charleston WV Personal Injury Law Blog

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.

Failing to identify fall risks can be nursing home neglct

Falls are a significant health hazard for people in nursing homes. According to the Centers for Disease Control and Prevention, one out of every five falls results in serious damage, like hip fractures and traumatic brain injuries.

Nursing homes are supposed to be prepared for patients who are at risk of falls—in many cases, patients enter into nursing homes precisely because they have conditions that put them in danger of falling. So how does a patient end up dying in a nursing home as a result of a fall?

VA hospital ratings now available online

If you're comparing hospitals, there are websites where you can get ratings for their quality of care. U.S News & World Report and other resources publish rankings on a regular basis.

However, health care quality data for hospitals run by the U.S. Department of Veterans Affairs has not been as easily accessible. While the VA grades its 146 medical centers on a 5-point system, those ratings haven't been released to the public until recently.

Why do truck accidents continue to happen?

If you drive the roads of West Virginia, you know that there will always be trucks in close proximity. There's nothing wrong with sharing the road with truckers, especially if you're driving on the highway.

However, every year, many people are injured and killed in truck accidents in West Virginia. Understanding why these accidents happen can go a long way in keeping you safe:

Are pressure sores a sign of nursing home neglect?

Pressure sores, also known as pressure ulcers or bed sores, are often a sign of nursing home neglect and abuse. They're a serious medical condition that can often be prevented in the first place. Once identified, they require a significant amount of care and a lot of attention in order for the patient to recover—and all too frequently patients are left to suffer instead.

Those with very low mobility are essentially the most prone to the problem, but around 11 percent of nursing home residents suffer from them. The sores usually develop over the bony areas of the body, particularly on elbows, hip, heels, shoulders, tail bones and the back of the head.

The rights you have in a nursing home

If you're living in a nursing home, the government guarantees that you have a very specific set of rights. These rights include, but are not limited to:

1. Being respected by the staff. You still get to make your own choices, as long as your health and safety aren't in jeopardy.

Poorly coordinated care leads to wrongful death

People are dying inside U.S. hospitals -- but not just from the injuries and illnesses that brought them there and not from obvious causes, like a botched surgery or a bacterial infection. Instead, they're dying from something that's harder to define and harder still to fix: a systematic breakdown in communication and poorly coordinated care.

That's what the administrator of an estate is essentially alleging, brought about by the death of a Kanawha County man this past January.

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