Workplace Injuries: NFL Faces New Lawsuit By More Than 100 Ex-players For Football Related Brain Injuries

ATLANTA — More than 100 former NFL players have filed a federal lawsuit in Atlanta claiming that pro football didn’t properly protect its players from concussions.

The plaintiffs in the lawsuit include former Atlanta Falcon Jamal Anderson, ex-Georgia star Lindsey Scott and veteran quarterback Don Majkowski.

The lawsuit, filed Thursday in federal court in Georgia, claims the league failed to protect NFL players from brain injuries linked to footballrelated concussions.

They are among more than 1,000 former NFL players suing the league. The cases say not enough was done to inform players about the dangers of concussions in the past, and not enough is done to take care of them today.

The league has said any allegation that the league intentionally sought to mislead players is without merit.  AP

Robinette Legal Group, PLLC

State Funds for West Virginia Spinal Cord and Brain Injury Victims

Spinal cord and traumatic brain injuries can be devastating, both physically and financially. For some people, insurance will satisfy their needs; for other people, a lawsuit may provide the compensation that they require to take care of themselves. If those two sources are not available, however, there is another place that injured people can turn to in West Virginia.

The West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund was created to help individuals pay for rehabilitation services after suffering serious brain or spinal cord injuries. The stated goal of the fund is to increase opportunities for individuals and help them achieve some measure of independence so they can return to a more productive lifestyle.

More specifically, the fund was set up to assist individuals with obtaining and paying for services such as:

  • Rehabilitation-related therapies
  • Attendant care
  • Home modifications to aid accessibility
  • Necessary medical equipment or medical devices
  • Counseling and support services for individuals and their families

Of course, individuals must meet certain qualifications in order to receive assistance from the fund. For instance, the program is only available to citizens of West   Virginia. In addition, the fund is available as a “payer of last resort,” which means that the fund can only be used for individuals who have been denied insurance benefits and have applied to and been denied by all other agencies that are mandated to provide similar services to injured individuals.

Once someone has been denied benefits from those sources, the board that controls the fund will determine if any other agencies could provide services. If there are no other viable options, the fund can be used to provide services for the injured person.

While this fund provides a type of safety net for individuals who have suffered traumatic brain or spinal cord injuries, the most direct way of achieving the services and compensation you need is still through a lawsuit against the responsible party, or through benefits from your insurance carrier. To find out more about your options, speak with a personal injury lawyer.

If you need help after a serious car or work accident, please visit http://www.robinettelaw.com for articles, resources, and advice or call our office (304)594-1800 for the help you need today.

 

First Energy Found to be at Fault in Death of Employee

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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Mine Safety Bill – Keeping our Miners Safe

According to WV MetroNews, this could be the week that the proposed comprehensive mine safety bill is passed.  The bill is designed to address some of the problems that led up to the Upper Big Branch mine disaster that claimed the lives of 29 miners in April of 2010.

All sides have agreed to rock dusting, ventilation plans, methane monitoring for coal mines, and family representation for any future deadly mine accidents.  The proposed bill also makes it a crime to warn a coal operator that a mine inspector is on site, puts stricter controls on keeping coal dust under control, and mandates that mining machines automatically shut down when methane levels build up.  The legislation also requires drug testing of certified coal miners and others who are routinely present at mining sites.

The exact language is still being debated, but all are agreed that these brave workers must be protected from preventable disasters.

If you or your family has been affected by a workplace accident, please visit us at http://www.robinettelaw.com or call us at 304-594-1800 for the help you need.

Common Shoulder Injuries after an Accident

Was your shoulder hurt in an accident in West Virginia (WV)?

Many people suffer from shoulder pain either immediately or shortly after a car wreck, motorcycle, or bike accident, slip and fall, or after having been hurt in a work accident.  The severe trauma to the shoulder joint caused the by impact of an accident can result in several different types of shoulder injuries.

Human Shoulder PainThe shoulder is a ball-and-socket joint with three main bones: the upper arm bone (humerus), collarbone and shoulder blade (scapula). These bones are held together by muscles, tendons, and ligaments. The shoulder joint has the greatest range of motion of any joint in the body. Because of this mobility, the shoulder is more likely to be injured, especially the  acromioclavicular (AC) joint, which lays over the top of the shoulder.

What you don’t know can hurt you. Click here to receive the information you need before signing away your rights to compensation: 7 Facts You Need to Know about WV Injury Claims.

Common shoulder injuries you may experience after an accident

  • Rotator cuff tear:  the most common shoulder injury after an accident is a stretching, tear, or rip in the tendons and ligaments in the shoulder joint. The shoulder has three separate joints, and any of these joints can be separated, causing extreme pain and loss of movement.
  • Fractured bone
  • Bruises
  • Strains and sprains
  • Frozen shoulder

Common symptoms of a shoulder injury

  • Painfully tender, a stiff shoulder that hurts more at night and may interrupt sleeping
  • Tingling, numbness, weakness, or swelling in the shoulder
  • Shoulder pain in a specific spot that may worsen with exertion
  • Difficulty moving the arm in any direction without pain
  • Sudden, intense pain in the shoulder area
  • Pale, blue or otherwise discolored shoulder area

click here for free report buttonWhat type of treatment will I need for a shoulder injury?

  • If you suspect a broken bone or tear resulting from your accident, seek medical care immediately.  Do not move the shoulder; stabilize its position.
  • Shoulder injuries can be accurately diagnosed by an orthopedic doctor through tests such as x-rays, CAT scans, MRIs, and clinical evaluation.
  • The remedy may be as simple as the use of a sling to immobilize your arm and rest your shoulder to promote healing and reduce pain.
  • Elevation, compression, and ice may also aid healing.
  • A torn muscle or ligament or tendon may require prompt surgery, so early diagnosis is essential for maximizing your recovery.
  • Pain can be coming from somewhere else in your body (referred shoulder pain), so accurate, as well as early, diagnosis is essential.
  • Physical therapy
  • Surgery

Frozen Shoulder

A frozen shoulder usually begins when injury or overuse causes pain that, in turn, limits the shoulder’s range of motion. Common conditions that cause pain in the shoulder are bursitis or a tear in the rotator cuff.

If you don’t move your shoulder much at all for many weeks, the tissue surrounding the shoulder joint thickens and shrinks. It loses its ability to stretch. When you try to move it even a little, it hurts. So to avoid the pain, you move the shoulder even less. As a result, the joint capsule stiffens even further. It’s a vicious cycle.

A frozen shoulder can take months to develop.  The cornerstone of treatment is physical therapy. At first, you’ll concentrate on exercises that stretch the joint capsule. Then you’ll move on to strengthening exercises.

Full recovery can take several months or even longer. If you don’t improve steadily, go back to your doctor or consult a shoulder expert. In rare cases, a frozen shoulder that doesn’t respond to the treatments I’ve discussed may require surgery.

Collision Care Ebook adIt wasn’t my fault — how am I going to pay for treatment? 

If a combination of home treatment and physical therapy does not help your shoulder injury, shoulder surgery may be required.  Surgery is not only expensive, but will require recovery time away from your workplace, limitations on your daily activities, and time and money spent on physical therapy and doctor’s visits.  If your shoulder has been injured due to someone else’s carelessness or negligence, please contact our office for a free consultation to determine the best course for obtaining the financial resources needed to pay for your treatment and lost wages.

Submitted by the Robinette Legal Group, PLLC, West Virginia Workplace Injury/Wrongful Death Lawyers. Call us today:  304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide or Collision Care:  WV Auto Collision Injury Guide.  These books will answer your questions concerning negotiations with the insurance companies.

Visit our website or call today for more information: 1-304-594-1800.

Don’t Let an Injury Ruin your Holiday Shopping

In a frenzied effort to ratchet up end-of-year profits, major retailers will offer their best sales of the year on Black Friday.  Although the Morgantown, WV area and adjacent regions of Marion, Preston, and Taylor Counties are not heavily populated areas as compared to Pittsburgh, the mixture of customer expectations and limited quantities produce the same risks of injuries that we hear about in larger cities.  Many customers will drive with little sleep, even in bad road conditions to get a good position at the door.bags

Try to minimize possibilities of confrontation by showing courtesy to other shoppers and don’t be perceived as a line-cutter – it will cause resentment and possibly an altercation.  If you happen to be the lucky shopper who gets the last item at an incredible price, either cover (if possible) with other items in your cart or try to avoid that area of the store where others will be looking for the same item.

Even in the midst of all the crowds, excitement, and confusion, retailers have an obligation to create and maintain a safe shopping environment for their employees and customers and have a duty to maintain safe parking lots, sidewalks, stairs, and railings that are clear of water, ice, and obstacles to prevent personal injury.

Parking lots are part of a business owner’s property. Therefore, the owner of the retail store or other business property has a legal obligation to maintain the lot or ramp, including sidewalks and stairwells in a condition that is determined safe for public use. This includes ensuring the lot is properly marked and lighted and the traffic flow has been designed with the public’s safety in mind. If you have been injured in a parking lot accident, either while driving, riding a bike or walking, you may be entitled to seek damages for the cost of medical treatment, lost earnings and pain and suffering resulting from your injuries.

The Occupational Safety and Health Administration (OSHA) has issued a guide to employers for preventing injuries during the holiday shopping season or at any other time when large crowds gather.    The OSHA guide includes provisions for pre-planning strategies, practicing, and assigning specific workers to implement security, safety, and emergency responses.  The National Retail Federation issued similar warnings and guidelines to retailers that include emergency response directives and having employees practice crowd control safety measures sometime before Black Friday.

Other sound advice includes while shopping, make some trips to the car to put your gifts in the trunk. Lock them up and you can come back and finish your shopping and not have to carry everything around.  After one or two bags, it gets a little cumbersome and strains your back and could affect your balance if the parking lot is even a little slick.

Even though we’re not in a major metropolitan area, there will always be an undesirable element lurking about — at the grocery store, a shopping center, a shopping mall — they’re looking for an opportunity. So, don’t turn your back on anything.  As a consumer, you don’t want to provide thieves that opportunity. Always keep things locked up in the trunk, keep your cell phone close, don’t hang your handbag on the top of a stroller or over the back of your chair in a restaurant or food court. Use good common sense, even at 5:00 a.m. in the morning.

When a place of business does not provide a safe workplace and shopping environment and an employee or customer suffers an accident, injury, retail stores and malls are responsible for medical bills, lost wages and continuing disability, pain, suffering, and inconvenience caused by their carelessness.

If you have been seriously injured while shopping due to someone else’s negligence, call a Morgantown, WV Personal Injury Lawyer —  visit our website today or call us today at 304-594-1800 to get the answers you need.

 

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

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

Wrongful Death in West Virginia: Get the Facts

What is a wrongful death claim?

A wrongful death lawsuit against a workplace, business, or individual is filed when an untimely death is caused by a devastating, catastrophic event like civil or criminal negligence, accident, product failure, or medical malpractice (like in the case of side effects of Xarelto and health-related lawsuits).  A wrongful death has tragic results for family members, children, and dependant parents.  A successful wrongful death claim can ease the financial burden of the surviving family members.

How long do I have to file a wrongful death claim?

A West Virginia wrongful death claim may be filed up to two years after the untimely death.  Two years may seem a long time, but delays in representation allow for the destruction of vital evidence which will affect your claim.  It is important to retain an experienced lawyer as soon as possible.  A wrongful death has tragic economic and psychological implications for family members, children, and dependant parents.  Loving family, friends, and support groups may help you deal with the emotional pain of your loss.  You will also need a lawyer experienced in handling wrongful death claims to aid your family in moving forward from your tragic loss through monetary recovery for the damages your family has suffered.

Who may file a wrongful death claim?

A wrongful death claim may be filed by the deceased’s estate, parents, surviving spouse, and adult and minor children of the deceased parent.

What damages are recoverable in a wrongful death claim?

Some of the damages recoverable in a wrongful death claim are:  medical and funeral expenses, lost future earnings, and loss of relationship (also called consortium).

What types of insurance may be available for compensating a wrongful death claim?

Insurance benefits may include motor vehicle insurance of the at-fault party, business insurance, uninsured or underinsured motorist insurance of the deceased, umbrella policies, funeral benefits, survivor benefits, personal insurance coverage, and personal and business assets of the at-fault party.

What are some factors which may affect the value of a wrongful death claim?

  • The facts of the accident which caused the death:  whether the cause of the accident was egregious or simply a “mistake” will affect the claim’s value.
  • The claim may be worth more if the cause of death is uncontested.
  • The amount of pain, fear, and suffering preceding the death may factor into a wrongful death claim’s value.
  • The number of potential beneficiaries and the age of the deceased:  the value of a claim for a decedent who was married with dependent children will be higher than for an older, single person.
  • The identity of the party who caused the death:  a grandmother who “made a mistake” will be viewed more sympathetically than a multi-million dollar corporation.
  • Insurance coverage:  if the party who caused the accident is uninsured or underinsured, damages may not be recoverable unless that party has substantial personal assets.
  • The personal character and reputation of the deceased will affect how the wrongful death claim is viewed.
  • The experience and reputation of your lawyer:  The insurance companies will be doing everything within their legal power to minimize your claim and avoid paying full compensation.  They will hire or use company lawyers to aggressively fight your claim.  These types of claims are complicated and can be lost on technical or procedural violations.  It is essential for you to hire an attorney who has a reputation for experience and success in handling wrongful death claims.

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.

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