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Charleston WV Personal Injury Law Blog

Garbage truck crash ejects 3 occupants, 1 killed

When the cause of an injury crash is the driver of a commercial vehicle, the victims may be able to hold more than just the driver responsible for their injuries and damages. Take, for instance, this crash that occurred in Charleston, West Virginia, on April 13, at the I-77/I-64 split.

Three workers for the refuse department for the city of Charleston were traveling south on I-77 when the garbage truck veered off the road and turned over on its side. The three men, ages 22, 24 and 44 were all ejected from the truck and none were wearing seat belts.

Know your rights regarding mandatory vaccinations at work

Can your employer force you to get a vaccination for the flu or anything else?

The recent flu outbreak -- which has gone into round two late in the season -- has put many employees at odds with their employers. While some people don't believe that their employers should be entitled to force them to get a vaccination, others are religiously opposed to the process. Some also fear negative reactions from the vaccine itself, especially if they are pregnant or have chronic health problems.

Are you suffering in a 'hostile work environment?'

Most all of us at some point in our careers have felt like we were in a hostile work environment. Unfair bosses who are quick to blame but rarely compliment employees exist in almost every company. So do colleagues who don't seem to have gotten all of their junior high bullying out of their systems.

However, "hostile work environment" is specifically defined under the law. It involves negative conduct or comments that are related to characteristics that are legally protected. These include race, gender, religion, age, sexual orientation, nationality and disability.

West Virginia attorney general announces new elder abuse unit

Last month, West Virginia Attorney General Patrick Morrisey announced a new unit in his office that will be tasked with preventing and litigating cases of elder abuse. Prosecutors who work in the unit will focus on cases involving the abuse, neglect and exploitation of older West Virginians.

This includes financial abuse. As Morrissey noted, "Unfortunately, all too often, con artists, deceptive businessmen, caretakers and even family members take advantage of our elderly friends. Such conduct cannot be tolerated."

How do you protect yourself when driving on the highway?

Even if you spend most your time driving in the city and/or on back roads, there will be times when you need to hit the highway.

With vehicles moving at a fast rate of speed, it's imperative that you do whatever it takes to protect yourself. Here are several tips that can work in your favor when driving on the highway:

  • Keep your distance from other vehicles: You don't have control over other drivers, such as truckers, but you never have to get too close to the vehicle in front of yours.
  • Maintain a safe speed: It's easy to speed on the highway, especially if there aren't a lot of people on the road. However, the faster you travel, the greater chance there is of a crash.
  • Use the right lane: You should drive in the right lane, unless you need to pass a slower-moving vehicle. Getting into this habit will go a long way in boosting your overall level of safety.
  • Don't become distracted: It only takes one distraction to cause a highway accident. So, put down the cellphone, keep your hands off the radio dial and focus on the road ahead.

Can mental exercises help those with traumatic brain injuries?

Do exercises for the brain actually do any good for people hoping to fend off the mental ravages of age? What about people who have suffered traumatic brain injuries as a result of accidents?

There is an entire national industry that has grown up around "brain training." Unfortunately, legal action against some of those companies over their claims has somewhat tarnished the reputation of brain training altogether, which may not be fair. It could also unnecessarily discourage people who suffer brain injuries from getting the help that they need to improve.

Federal laws were established to protect pregnant women's rights

United States Equal Employment Opportunity Commission (EEOC) laws apply in all workplaces in which 15 or more individuals are on staff. Pregnant women are one of the many different groups of people that are protected from discrimination or harassment in the workplace by the EEOC.

Existing federal EEOC laws don't just provide protections for women who are currently pregnant though. Instead, they also cover women who intend to become pregnant, those who are considering abortion or had one performed on them and women have previously given birth. It's illegal for a woman who is suffering from a pregnancy-related medical condition to be harassed or discriminated against on the job as well.

Do you follow these tips to avoid distracted driving?

It doesn't matter how much time you spend behind the wheel of your vehicle, it only takes one distraction to increase the likelihood of an accident.

It's important to understand the risks of distracted driving, as well as the tips you can follow to avoid trouble on the road. Here are three points of advice you can use to your advantage:

  • Stay away from your cellphone when you are behind the wheel. This means you shouldn't send text messages, receive text messages or talk on your phone. In a perfect world, you'd pull to safety before you ever use your phone.
  • Don't get caught up in passenger conversations. There will be times when you're driving with other people in your vehicle, especially if you have a family. While there is nothing wrong with small talk, you don't want to get so deep into conversation that you forget about what you're doing.
  • Don't multi-task. Maybe you forgot to eat breakfast, so you stop by your favorite fast food joint to pick up something on the fly. While there's nothing wrong with this, you don't want to eat while you're behind the wheel. Any type of multi-tasking increases the chance of a crash.

What you can do about sexual harassment at work

Sexual harassment is a problem no matter where it occurs. When it happens at work, however, it affects not only your emotional and physical well-being but your livelihood.

That's why it's important to know what you can do to fight back. If you're experiencing sexual harassment on the job, you can (and should) take the following steps:

Report: Antipsychotic drugs are being misused in nursing homes

Antipsychotic drugs, when prescribed and taken properly, can help people who suffer from a number of conditions, including Huntington's Disease, schizophrenia and Tourette's. However, for older people who also suffer from dementia, they can be fatal. In fact, they can double their chances of death.

According to a recently-released report by the group Human Rights Watch (HRW), nursing home workers sometimes use antipsychotic drugs on residents who don't need them for any physical ailment. Staff members may see these drugs as a convenient way to control and restrain elderly people. Sometimes, it's done to discipline them.

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