West Virginia Injury Lawyer Blog

For West Virginia residents who've experienced personal injuries due to negligence of employers or third-party manufacturers, home health care services are often necessary. Especially for seriously injuries, disfigurements and permanent disabilities, home nursing services can be vital to the lives of many West Virginians. These services can include daily or weekly nurse visits, medication and food deliveries, home administration of treatments and home rehabilitation sessions.

According to NAHC (National Association for Home Care and Hospice), any individual requiring medically necessary home care services as a result of injury on the job is eligible to receive coverage for these services through workers' compensation benefits. The key phrase here is "medically necessary," however. Insurance companies and employers often cap home health care costs or don't classify them as medically necessary, causing your out of pocket expenses to rise exponentially for these services.

If you or someone you love has been injured on the job, it's critical that you have a professional attorney on your side right after an injury occurs. If you accept workers' compensation benefits, you essentially forfeit your right to sue your employer for damages. Instead, consult a lawyer to find out if you have any legal recourse to get money directly from your employer or from a negligent third party before you accept workers' comp benefits. You may be able to recover not only damages for your medical costs and home health care, but also for pain and suffering, full lost wages (workers' comp only pays partial payments as a rule) and other non-tangible losses like mental anguish and loss of consortium.

West Virginia residents who have experienced traumatic events that resulted in personal injury may find it difficult to deal with recurring memories of the event days, months and even years later. In rare cases, accident victims actually develop PTSD (Post-Traumatic Stress Disorder). As a result, they suffer lasting and intense psychological effects long after physical recovery. For those with ongoing pain or permanent disability, the risk of PTSD can be even greater.

According to the National Institute for Mental Health (NIMH), PTSD usually develops within 3 months of a terrifying ordeal that involved physical harm or the threat of physical harm. While these events can include military service during war and violent criminal attacks, they can also include car accidents, natural disasters like earthquakes and floods, train crashes and other unexpected incidents that are shocking in nature (i.e. a crane falls on someone at a construction site). The effects of PTSD can also extend to loved ones who were present at the time of the incidents, which can cause dramatic shifts in family dynamics as well as personal anxiety levels.

What Are the Symptoms of PTSD?
The symptoms of PTSD are numerous, but often involve some sort of involuntary reaction to normal stimuli. For instance, people who have PTSD may startle easily and have recurring nightmares about the incident in which it replays over and over in their minds, like a broken record. They may also lose interest in activities they used to enjoy, become irritable, have trouble feeling affection and become more aggressive or even violent. The NIMH says that people with PTSD may also avoid situations that remind them of the original incident. Victims of auto accidents may refuse to drive, for example. Other people may have trouble return to work after a traumatic injury they experienced on the job.

The important thing to remember is that you're not alone. Nearly 7.7 million Americans suffer from PTSD and it affects people of all ages, races and economic levels. As a matter of fact, psychological injuries comprise a large segment of injury law today. More and more victims are able to recover damages for PTSD and other anxiety disorders that occurred as a result of the negligence of someone else. Contact an experienced personal injury lawyer to help you define your case.

On August 6, 2009, West Virginia Insurance Commissioner Jane L. Cline approved a loss cost filing by the state workers' compensation insurance companies that will result in a 6% decrease across the state. Loss cost is the estimated amount that insurers need to pay all medical and indemnity costs associated with yearly workers compensation claims. This is the base rate onto which insurers add their administrative costs and profit figures for annual totals.

According to Cline, the result of this decision will cause 80% of the state's employers to see lower or stabilized premiums. She also stated that the loss cost of West Virginia has decreased by 40 percent since the system was privatized in January of 2006. This new loss cost decrease will become effective on November 1, 2009.

So what does this mean for West Virginia workers? Speculation around the issue suggests that it may mean more jobs for employees, since businesses will have more disposable income due to lower premiums. However, with recent economic troubles, many companies will use the savings to defray net losses from 2008 and 2009. Still others will make it tougher on employees with workers comp claims to collect benefits in attempts to cut costs further.

If you've been the victim of a workplace injury and aren't sure whether to accept a workers comp offer of benefits or have been denied altogether, contact a reliable lawyer in West Virginia to help you with your case. A lawyer knows the ins and outs of workers comp law and can help you devise a legal strategy to give you time to recover from your injury with minimal financial impact to your life.

In West Virginia, victims in personal injury cases (auto accidents, slip and falls, product defects, medical malpractice, etc.) are allowed to sue negligent individuals, companies or manufacturers for "damages" as a result of injuries incurred. Damages are monetary awards recovered through the court system that are designed to cover the costs associated with personal injuries.

What Do Damages Cover?
Damages can cover a variety of losses, including actual monetary losses as well as physical and mental pain. Monetary losses are those associated with present and future medical expenses, lost wages, present cash value of future earnings, household services (the cost of hiring someone to take care of the household upkeep during recovery) and vehicle repairs. Damages for physical and mental pain can include mental anguish, loss of consortium (loss of the benefits of a marital relationship because of injury or accident), loss of enjoyment of life, pain and suffering, permanent disability and disfigurement.

How Much Will I Receive from a Settlement?
Most personal injury cases (95%) are settled out of court. Determining monetary losses is typically pretty straightforward, but calculating the costs of physical and mental pain can be more complicated. You need an experienced personal injury lawyer on your side who knows the court system, national and regional precedents and state laws extremely well so that you can recover all that is due.

Many times, after an incident has occurred, the negligent party's insurance company will quickly offer you a settlement. Before you accept anything, you should consult with your lawyer to make sure you're being fairly compensated for your loss. Keep in mind that insurance companies pay you to absolve them of all further liability in the matter, so the moment you accept a settlement, you can no longer pursue them for additional funds. Also, they are paying you because they know they must. You have the upper hand in a personal injury case, so be sure to find a lawyer who understands how to fight for you.