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Category Archive
Workers Compensation
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Practical Measures for Employers Facing Workers’ Compensation Claims

From the moment a workplace injury or illness is reported, the actions that an employer takes can have a profound effect on the result of the associated workers’ compensation claim. Protecting yourself against fraudulent claimants and excessive awards isn’t difficult but requires diligent attention. West Virginia’s Employer Coverage Unit enforces compliance with the state’s workers’ Read More

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What Is a Deliberate Intent Lawsuit?

In general, employers in West Virginia that pay premiums into the state workers’ compensation fund are immune from any legal action on the basis of negligence. There are some exceptions to this rule, however, including the deliberate intent exception. Under this exception, if an employee can prove the employer acted with “deliberate intent” to hurt Read More

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Can an Inmate File a Workers’ Compensation Claim While on Work Release?

Private businesses in West Virginia contracting inmates through the Prison Industry Enhancement (PIE) Certification Program are required to carry workers’ compensation insurance to cover them for on-the-job injuries. Inmates injured while working for the private sector in one of these jobs can thus file a claim for workers’ compensation benefits. But compensation for an inmate’s Read More

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West Virginia Suit Alleges Illegal Firing of Workers’ Compensation Claimant

Employers in West Virginia and throughout the country must take great care when terminating someone who has filed a workers’ compensation claim. Recently, a former Dish Network employee alleged that he was unlawfully fired because he sought benefits related to an on-the-job injury. Under the West Virginia Workers’ Compensation Code, terminating someone while they are Read More

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Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related

As office computer use increased in the 1990s, so did workers’ compensation claims for repetitive motion injuries often related to extensive keyboard usage. However, the use of smartphones and other personal devices mean that some people engage in repetitive motion behavior outside the workplace. In today’s environment, how does the law determine what exactly is Read More

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