Category: Uncategorized

First Energy Found to be at Fault in Death of Employee

On By Jeffery RobinetteIn Uncategorized, Work Injuries, Wrongful DeathLeave a comment

In September of 2011, 63-year-old Rivesville man was killed in a workplace accident at the FirstEnergy Harrison Power Station near Lumberport.  The Occupational Safety and Health Administration (OSHA) ruled the plant’s owner, First Energy, is at fault in the death of one of its employees.

OSHA ruled he died by getting crushed between a moving platform of a Rotary Plow Feeder and a standing guardrail. According to OSHA’s report, First Energy allowed employees to work in an environment where the equipment could cause several fatal injuries.

Officials said First Energy contested the ruling and is now pursuing a settlement with OSHA. (WBOY.com)

A bulk handling operations technician was trapped between a piece of machinery and a guardrail in the coal handling area near 12:30 p.m.  Ned Johnson had worked for FirstEnergy for twenty-five years and for the Harrison Power Station for two years.  This area was closed by the company after the accident.

Although at least three other FirstEnergy employees in Ohio and Pennsylvania have been killed on the job in the last six months, FirstEnergy’s Harrison Power Station is part of a labor department program meant to allow work sites with good safety records to avoid routine Occupational Safety and Health Administration inspections.  This program has been criticized by workplace safety advocates and congressional auditors.  The Harrison Power Station has not been inspected for more than a decade according to the U.S. Department of Labor.  The Harrison Power Plant was last inspected in July of 2000 and cited with two minor violations.

Operators of heavy construction and industrial equipment face some of the most dangerous work conditions in America. When a piece of equipment fails, bringing a machine that can weigh multiple tons or more to an emergency stop is often impossible. Operators behind the wheel or working near the equipment are at the mercy of unstoppable mass and energy.

For more information about workplace accidents  please visit us at http://www.robinettelaw.com or call 304-594-1800

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Record Number of Car Accidents in Star City, WV

On By Jeffery RobinetteIn Car Accidents, Community Safety, Distracted Driving, UncategorizedLeave a comment
Accidents in Star City, WV at an All-time High
Accidents in Star City, WV at an All-time High

Car accidents on the stretch between the Coliseum and Star City bridge are occurring every day in Morgantown.  Texting, talking, and other distractions have made this boulevard one of the most likely places in Morgantown to be involved in an accident, according to Police Chief Vic Propst.  Traffic is only expected to increase once the new Sheetz gas station on the Star City side of the bridge is completed.  New traffic signals to be installed will serve to regulate and slow down traffic, but in the meantime, please be careful.

Carbon Monoxide Leak Kills Hotel Guest in South Charleston, WV; Injures at Least a Dozen More

On By Jeffery RobinetteIn Carbon Monoxide Poisoning, Community Safety, Uncategorized2 Comments

A Rhode Island man died in his sleep on Tuesday, January 31, 2012, when his hotel room at the Holiday Inn and Suites in South Charleston, WV filled with carbon monoxide.  Another man is still in critical condition, and at least a dozen more guests are being treated for carbon monoxide poisoning.

A  swimming pool heater at the hotel was the source of the deadly carbon monoxide leak.  The heater pump was fed by a pipe that went all the way through the building – that is why one should choose the professional equippment only (learn specific details at Poolheaterworld.com).  The hotel had no carbon monoxide detectors.

Often called “the silent killer,” Carbon monoxide is an invisible and odorless gas that is produced when burning any fuel, such as gasoline, propane, natural gas, oil, wood, and charcoal.  Carbon monoxide causes illness by decreasing the amount of oxygen present in a person’s body.

CO poisoning can often be mistaken for other illnesses, such as the flu.  The most common symptoms include headache, fatigue, nausea, vomiting, and confusion.  In severe cases, the person may lose consciousness or die.  Often, other people in the place of business or household will exhibit similar symptoms.

In addition to death, carbon monoxide can cause severe learning disability, memory loss, and personality changes.

Hotel owners and landlords have the highest degree of responsibility to ensure that their facilities are safe for guests and tenants.  Inspections and proper maintenance of equipment and heating units and the installation and maintenance of detectors are common-sense preventative measures one would expect any building owner to have in place.

If you or a loved one has experienced the devastating effects of carbon monoxide poisoning due to someone else’s negligence, please contact us at the Robinette Legal Group, PLLC for help at http://www.robinettelaw.com or (304)594-1800.

Workplace Accident: UMWA calls UBB Mine Explosion “Industrial Homicide.”

On By Jeffery RobinetteIn Uncategorized, Work Injuries, Wrongful Death4 Comments

According to the United Mine Workers of America (UMWA), Massey Energy Company was guilty of “industrial homicide” for the deaths of 29 miners in Raleigh County, WV on April 5, 2010.  UMWA President Cecil Roberts presented a report at a press conference in Charleston, WV on October 25, 2011 which concluded that Massey created the conditions for a catastrophic work accident when it did not correct known safety violations, intimidated workers, and disregarded state and federal health and safety regulations.  The UMWA was appointed by MSHA to represent the families’ interests in the investigation.

The UMWA report indicates that Massey valued production over workplace safety by insisting that its miners work in areas with poor ventilation, massive buildup of coal dust, inadequate rock dusting, and water sprayers that were ineffective or missing from the area.  Roberts stated that since the company did nothing to prevent the explosion, that company executives should be held responsible for at least negligence which caused the deaths.

For April 5, 2010 Fox News Report on UBB Disaster:    http://youtu.be/yiV3rETtEMw

For more information about workplace injuries and accidents, go to www.robinettelaw.com

Can I fire my lawyer?

On By Jeffery RobinetteIn UncategorizedLeave a comment

It is always best to try to work things out with your own attorney. You may think that because your lawyer hasn’t communicated with you lately there is nothing going on. You may be surprised to learn that a great deal of research and discovery has been conducted on your behalf. If you have reasonable cause to believe that your lawyer really is not doing anything for you, consult with a possible replacement lawyer. You will still owe your initial lawyer fees for any work done on your case and repayment for any charges made on your behalf. If your lawsuit has been filed with the Court, a dismissal order from a judge will be required before your new attorney can begin working for you.

For more information, go to www.RobinetteLaw.com

Your Workplace Injury – Who is going to pay?

On By Jeffery RobinetteIn UncategorizedLeave a comment

If your employer values cost savings above your safety concerns, you may be facing the devastating choice between placing yourself in harm’s way every day you go to work, or leaving the job that supports you and your family.  No one should be forced to decide between personal safety and food for your family.

Most West Virginians are familiar with Worker’s Compensation Insurance which will cover only a portion of the cost of workplace injuries.  Many do not know, however, that West Virginia has a second avenue for compensation for injured employees.  If your injuries resulted directly from an unsafe conditions of which the employer was aware, a “Deliberate Intent” case can be filed on behalf of the injured employee.

To Prove Deliberate Intent on the part of your employer, you must prove:

  • That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death;
  • That the employer had a subjective realization and an appreciation of the existence of such a specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the unsafe working condition;
  • That the specific unsafe working condition was a violation of a state or federal safety statute, rule, or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of such employer, which statute, rule, regulation, or standard was specifically applicable to the particular work and working condition involved, as contrasted with a statute, rule, regulation, or standard generally requiring safe workplaces, equipment, or working conditions;
  • That the employer thereafter exposed an employee to such specific unsafe working condition intentionally; and
  • That the employee suffered serious injury or death as a direct and proximate result of such specific unsafe working condition.

W.Va. Code § 23-4-2(c)(2)(ii)

If you are unsure whether or not Deliberate Intent can be proved in your or your loved one’s case, please contact us at www.Robinettelaw.com, or (304)594-1800.

 

Bullying in West Virginia

On By Jeffery RobinetteIn Bullying in West Virginia, Child Safety, Uncategorized2 Comments

Did you Know …

Despite West Virginia’s anti-bullying law, a Federal Government survey shows we have one of the highest rates of bullying in the country?  Texting, Facebook, and bussing activities contribute to the increase in bullying activities.  Symptoms of bullying can be fear of school, stomach pains, headache, and difficulty paying attention in class, unexplained injuries, and torn, damaged, or missing belongings.

What to do:

Talk with your child:  Ask your child, “How are things going at school?”  “What do you think about the other kids in your class?”  “Does anyone get picked on or bullied?”

Teach your child to ask for help.  Let your child know that if they are bullied, it is not their fault.  They should not feel ashamed to ask their parent, teacher, or other adult for help.

Talk to school officials:  When teachers, principals, playground monitors, bus drivers, and guidance counselors are aware of the problem, they can become part of the solution.

Support your children in activities that interest them:  Loners are more likely to be picked on, so provide opportunities to develop skills, talents, and healthy relationships.

This is a legal advertisement of the Robinette Legal Group, PLLC.

Source:  Connected Kids:  Safe, Strong, Secure (Copyright 2006 American Academy of Pediatrics).  For more information:  www.robinettelaw.com

Robinette Legal Group, PLLC

On By Jeffery RobinetteIn UncategorizedLeave a comment

Who Will You Trust With Your Personal Injury Case?

A personal injury is not a trivial legal problem. It is an immediate legal crisis that affects your health, your finances, your job and your loved ones. The biggest mistake you can make in handling this legal crisis is to trust your case to an attorney who only “dabbles” in personal injury law.

At Robinette Legal Group, personal injury law is the only focus of our law practice. Firm founder Jeff Robinette has devoted his career to fighting for the rights of personal injury victims and their families, including injured people, children and the elderly. He knows personal injury law from the inside out and has a proven record of success obtaining favorable results for our clients.

Contact us to speak with an experienced personal injury attorney.

Jeff Robinette is a lifetime member of the Multi-Million Dollar Advocates Forum, whose membership consists of the top trial lawyers in America who have achieved multi-million dollar verdicts and settlements. He is also a Silver Member of the Elite Lawyers of America, whose membership requires numerous multimillion dollar recoveries for clients.

How Can You Achieve Maximum Compensation?

Contact our Morgantown personal injury attorneys for a free, no-obligation consultation about your claim. We promise to listen, give you honest advice and be responsive to your needs. If we take your case, you will have an experienced, knowledgeable team of skilled trial lawyers fighting aggressively to win.

Our primary focus is on serious personal injury and insurance claims for plaintiffs, including:

  • Personal injury and wrongful death claims: We have the professional resources to handle complex personal injury and wrongful death claims resulting from car accidents, workplace injuries, injuries to children and defective products. Our firm handles all types of injuries, such as spinal cord, broken bone, nerve damage and brain injury cases.
  • Financial Losses: We focus a significant part of our practice on representing clients who have suffered financial damages and losses resulting from malpractice or professional negligence on the part of licensed professionals, including lawyers and law firms, construction professionals and financial advisors. We are also very skilled and experienced at handling insurance claims.

We accept many types of personal injury litigation cases on contingency. You won’t pay attorneys’ fees unless you recover financial damages. For some financial damage cases, we offer reasonable hourly fees.

Contact a Morgantown Personal Injury and West Virginia Wrongful Death Lawyer

Contact us to arrange a cost-free consultation with an experienced West Virginia personal injury attorney today.  1-304-594-1800; Robinettelaw.com