Areas of Practice

Fracking Gas Well Injury & Death

Fracking accidents around West Virginia are a serious matter. If you are facing serious fracking accidents in West Virginia, it is imperative that you contact the best West Virginia Fracking Injury Lawyer – G. Patrick Jacobs of the Jacobs Law Office. G. Patrick Jacobs will fight for your rights and bring those erring companies to justice.

Similar to having gas & oil accidents, these fracking accidents can also bring several injuries and the most common of these drilling injuries include:

–       Broken bones

–       Toxic fume inhalation

–       Traumatic brain injury

–       Minor to sever burns

If one sustained serious fracking injury, make sure that the victim seeks medical attention immediately and then contact Jacobs Law Office. It is advisable not to talk to an insurance company because they can make you think they are your friend, BUT the truth is: these insurance companies care about one thing – to pay victim as little money as possible after the accident.

With a fracking injury lawyer, they will hold companies and people accountable. The G. Patrick Jacobs of the Jacobs Law Office focuses on getting clients’ compensation to help cover the real costs of an accident. What people made a mistake on is focusing only on the short-term needs, especially on the medical expenses, but if you think about it, a lot of these accidents cost people a lot of money in the following years. You need to think about the following expenses that would cost you in the future:

–       Loss of income

–       Physical therapy

–       Additional operations and

–       sometimes home modifications for those that sustained permanent disabilities

If you think about these expenses, they add up and you will definitely need the West Virginia Fracking Injury Lawyer help to get a fair settlement.

Having serious accidents, will demand serious attention and needs serious action. For more information about getting a free case evaluation for your situation, call (304)926-6676 – and you can count on real legal assistance. What is more is that there are no contingency fees, no tricks, no upfront costs – so if you don’t win – then you don’t pay.

 

G. Patrick Jacobs, Esquire

JACOBS LAW OFFICE

Disability and Injury Attorney

7020 MacCorkle Avenue, SE

Charleston, WV 25304

(304)926-6676

(304)926-8336 (FAX)

Coal Mining Injury & Death

25 out of 100,000 coal mine workers suffer from serious coal mining injuries annually, according to the statistics released by the US Dept. of Labor. Compared to other workers in other industries suffering from fatal accidents – which is about 4 out of every 100,000 workers; this statistics is much higher. Working in coal mining industries can inherit serious accidents, but a lot of these accidents can be prevented. Hiring a West Virginia coal mine injury lawyers can help get a worker compensated for their injuries that stemmed from another worker’s or business’ negligence.

Coal mine operators are legally required to keep a safe mine environment for workers and ensure their coal mine workers are properly trained so they can complete their job safely. The federal and state have mandated these regulations as part of the safety requirement for every coal mining in the US.

Coal mining accidents usually happen when an employer ignored these safety regulations; and the worker and his family can file a lawsuit against the mining operator or owner of the company. A seasoned West Virginia personal injury lawyer can find several regulations to determine if the worker can get a claim based on the operator or employer’s lack of following the mandated safety regulations. The personal injury lawyer can make sure that the defendant will be held accountable for having ignored these regulated safety protocols.

Coal mining accidents can range from minor to major injuries and can be caused by several reasons such as:

–       Coal stock pile collapse

–       Longwall shield collapse

–       A roof collapsing

–       Explosions

–       Inadequate safety equipments or defective tools

–       Unsecured mine cars

–       Toxic chemical exposures

So if a coal mining worker is injured due to a coal mining accident, there is a chance that victim will get a monetary compensation for their injury. Compensation will be for your hospital bills, other medical expenses incurred, lost of wage or income as well as for pain and suffering.

Take heed that coal mine operators have a team of experienced lawyers that will try to diminish the amount of damages to pay the injured employees; but with the help of the West Virginia coal mine injury lawyers, we will be able to get you in a playing field with the company to give you a better chance of claiming a higher amount of compensation to pay for the damages from your injuries.

Set up a FREE case interview with us today and receive key legal advice from coal mine injury lawyers for your case.

G. Patrick Jacobs, Esquire

JACOBS LAW OFFICE

Disability and Injury Attorney

7020 MacCorkle Avenue, SE

Charleston, WV 25304

(304)926-6676

(304)926-8336 (FAX)

Dangerous & Defective Drugs

The research, design, and manufacturing of prescription and non-prescription drugs is a multi-billion dollar industry. It is also an industry that relies on you, the consumer, for their success. That means companies must constantly compete for your business by developing new pharmaceutical drugs and getting them into your home.

Over the last few years, the pharmaceutical industry has been able to dramatically reduce the time it takes to get a drug approved and onto the shelves of American pharmacies and drug stores. This fast-track approval process has resulted in an enormous number of unsafe drugs shipped to our neighborhood drug stores, and then consumed by Americans.

The Law Office of G. Patrick Jacobs, unsafe drugs lawyer represents individuals who have been harmed by side effects from prescription drugs, non-prescription drugs, as well as medical implant devices.

Abilify Accutane ACE Inhibitors Actonel Actos Adderall Advair Advil Aldara Ambien Amiodarone Aptivus Aranesp Arava Aredia Aricept Avandia Avonex Bard Composix Kugel Mesh Hernia Patch Baycol Betaseron Bextra Bismacine Bitter Orange Campath Cardizem Celebrex Celexa Cipro Cleocin Clozaril Complete MoisturePlus Concerta Cordarone Coreg Crestor Cylert Cymbalta Cytotec Darvocet Darvon Daypro DES Dexedrine Dilantin Diltiazem Dostinex Duragesic Patch Effexor Elidel Enbrel Ephedra Epogen

Estratest Evista Fen Phen Fleet Enema Foradil Fosamax Gardasil Geodon Gleevec Heparin Herceptin Hormone Therapy Humira Interceed Intergel Ketek Lamictal Lariam Levaquin Levitra Levodopa Lexapro Luvox Lymerix Lyrica Macugen Mellaril Menactra Meningitis Vaccine Meridia Metabolife Metadate Methazolamide Methylin Mirapex Mobic Motrin Natrecor Neurontin NeutroSpec Nexium Novantrone NovoSeven Ocella Ortho Evra Patch Ortho Prefest Oxycontin Pacerone Pain Pumps Palladone Paxil Permax Plavix PPA Premarin Premphase

Prempro Prevacid Prilosec Procrit Proton Pump Inhibitors Protonix Protopic Prozac Raptiva Reglan Relafen Remeron Remicade Reminyl ReNu Contact Solution Renu MultiPlus Solution Requip Rezulin Risperdal Ritalin Rituxan RotaTeq Serevent Seroquel Sinemet Soriatane Strattera Stevens-Johnson Syndrome Symbyax Tamiflu Tamoxifen Tequin Terbutaline Thimerosal Tiazac Trasylol Trileptal Tysabri Viagra Vincristine Vioxx Wellbutrin Xenadrine Xigris Xolair Yasmin Yaz Zelnorm Zevalin Zicam Zithromax Zoloft Zometa Zyprexa

Medical Malpractice Attorney West Virginia

Brief list of the steps to file a malpractice lawsuit:

1. Initial new client interview so that your medical malpractice attorney West Virginia can get the facts of your case and have you sign documents so that your attorney can request your medical records

2. Your attorney will review the facts of your case and any information you brought to the initial meeting to determine how strong your case is and to decide what medical records will be needed

3. Send letters requesting medical records from providers. This step can sometimes take some time if you are still getting treatment for your injury. Also, as your records come in, sometimes we will discover additional records that need to be requested

4. Your medical malpractice attorney West Virginia will review your medical records once they are received.

5. Once your attorney has all of your medical records, your Charleston medical malpractice lawyers will hire an independent medical expert to review your medical records and give his/her opinion about whether there was malpractice in your case.

6. Your medical malpractice lawyer Charleston will discuss your case with the medical expert

7. If the medical expert believes there was malpractice in your case, your attorney will ask him or her to write a Certificate of Merit stating that there was malpractice.

8. Your medical malpractice attorney West Virginia will send the Certificate of Merit to the Defendant and give the Defendant 30 days to respond.

9. If the Defendant does not want to settle, or the 30 days expires, then your attorney will file a lawsuit with the Court on your behalf.

 

Here’s a shocking statistic: medical mistakes kill and injure almost 100,000 people a year! That’s even more people than are injured in car accidents each year. Some examples of medical malpractice include emergency room negligence, mistakes made during major surgery, and failure or delays in diagnosing cancer and other medical problems. If you feel a doctor or hospital may have played a part in a traumatic illness or death, find out what really happened.

Every year, thousands of people are injured as a result of medical malpractice. In 1990, a study conducted by the Harvard School of Public Health estimated that each year, more than 3% of patients in New York State hospitals suffered some form of a medical mistake which resulted in serious injury. Nationally, the Harvard Medical Practice Study estimated that each year, more than 180,000 people die, at least in part, because of medical mistakes. The consumer rights group Public Citizen estimates that each year, 1.3 million medical injuries are caused by negligence, and that more than two-thirds of these injuries are preventable.

Malpractice is the failure of a medical professional or a medical facility to meet the standard of good medical practice in the areas in which the medical professional or medical facility specializes. A medical professional may be a doctor, a nurse, a medical technician, or other health care provider. A medical facility may be a hospital, nursing home, medical testing facility or clinic. If the medical attention fails to meet the standard of good medical practice and results in harm to a patient, the medical professional or medical facility may be liable for any resulting damages.

Failure to Diagnose Cancer

One of the leading types of medical malpractice cases is failure to diagnose cancer. Too often, doctors fail to order the right tests, or simply mistake the signs of cancer for another illness. Because timing is such a factor in the survival rate of cervical, breast, prostate and other types of cancer, mistakes like this can result in deaths that could have been prevented. If you suspect a loved one’s cancer should have been caught earlier, contact the Law Office of G. Patrick Jacobs for a free case evaluation.

Birth Injuries and Cerebral Palsy

As high as eighty percent of all child births end up in some form of complication. Many parents are not aware of the things that can happen during birth that can permanently disable or even kill their child. Negligence and mistakes made during delivery are often overlooked. One common subject of litigation is the childhood disease Cerebral Palsy. The cause of CP has been connected to accidents during child birth that result in brain damage, such as lack of oxygen or excessive force. Cerebral Palsy, or CP, is characterized by lack of muscle control and body movement.

In order to file a Medical Malpractice lawsuit in the State of West Virginia, your attorney will have to find an independent medical expert to review your medical records and write a Certificate of Merit which states that this expert believes that there was malpractice in your case. Your attorney then has to send (“serve”) this Certificate of Merit on the doctor/medical professional/facility at fault for your injury with a letter that says you intend to file a lawsuit against them and then give that party 30 days to respond. During this 30 days, the doctor can advise your attorney they would like to try to settle your case, or that they do not want to settle. If the doctor does not want to try to settle, or the 30 days expires, then your attorney can file your lawsuit with the Court by writing a “Complaint” which is the formal document that starts a lawsuit. In the lawsuit, you will be called the Plaintiff and the doctor/medical professional/medical facility is the Defendant of the lawsuit.

Once the suit has been filed, your attorney has to Serve the doctor or Defendant with an official copy of the Complaint and a Summons which notifies the Defendant that a suit has been filed against them and that they have to respond to the suit by filing an “Answer” with the Court within a specific amount of time (usually 20 or 30 days).

The timeline of your case then depends on a number of factors such as when the Judge enters a Scheduling Order which sets the important dates and deadlines in your case (including the date of your Trial) and how long it takes for both sides to investigate the case which is called the “Discovery” stage. During Discovery, both sides try to discover as much information as they can about the other side and the strength of their case. This is usually done though legal questions called “interrogatories” that each side sends to the other, and through Depositions, which are basically a chance for the each side to ask witnesses questions under oath. Discovery may also include medical tests and examinations. Your medical malpractice attorney West Virginia uses all of this information to prepare your case for Trial.

You’ve Found A Reliable Medical Malpractice Attorney West Virginia. Contact Us Today

Defective Medical Device Lawyer

The Law Office of G. Patrick Jacobs is currently evaluating cases involving the medical devices listed below.

Alaris Infusion Pumps Ancure Arrow Sheath Introducers Baxter Dialysis Filter Baxter Infusion Pumps Baxter Meridian Hemodialysis BioMedical Tissue Services Scandal Biomet Hip Replacements Bjork Shiley Heart Valve Boston Scientific Enteryx Device Boston Scientific Express Stent Boston Scientific Flextome Boston Scientific Infusion Ports Boston Scientific Taxus Stent Charite Spinal Discs Cochlear Implants Composix Kugel Mesh X-Large Patch

Cordis Precise RX Stent Corlink Device Disetronic D-Tronplus Power Packs Disetronic H-Tron Insulin Pump Drug Coated Stents Genetic Breast Cancer Test Guidant Defibrillators Guidant Implantable Pacemakers Guidant Multi-Link Vision Stent Guidant Pacemakers Hospitak Airway Adapters Johnson Johnson Cypher Stent LifeCell Untested Tissue Parts Lifesite Dialysis Lost Mountain Tissue Bank Scandal Medisystems Baxter Dialysis Medtronic Concerto

Medtronic Defibrillators Medtronic Pacemakers Minimed Diabetic Infusion Set Minstrel Patient Lift Olympus Bronchoscope Oxinium Knee Implants Panacryl Sutures RTI Body Tissue Parts Shiley TracheoSoft St Jude Aortic Connector St Jude Defibrillators Texas Blood Tissue Center Scandal Triaminic Vapor Patch Tutogen Medical Tissue Scandal Tyco US Surgical Stapler Untested Body Parts

West Virginia Work Injury Lawyer

Workers compensation is insurance which entitles employees that are injured at their workplace to specific benefits. These benefits include the temporary total disability benefits while a worker is unable to work, medical bill payments, permanent partial disability benefits or total disability benefits.  In order for an injury to qualify for Workers’ Compensation insurance benefits, the worker’s injury must have occurred “during and in the course of employment.”

In West Virginia, workers compensation benefits are controlled by the following:

o   Chapter 23 of the West Virginia Code;

o   Special Rules and Regulations approved by the legislature; and

o   the West Virginia Insurance Commissioner.

Some of the  Workers Compensation West Virginia may include the following:

  • Medical treatment related to your injuries
  • Prescriptions related to your injury
  • 100% coverage for your medical treatment and prescriptions related to the injury (you should not have to pay a penny for treatment related to your Workers’ Compensation injury).
  • Payment of your lost wages, physical and vocational rehabilitation if you, the injured worker, cannot assume the same job as a result of your injuries
  • Occupational hearing loss compensation
  • Occupational lung disease compensation
  • Other Occupational diseases such as carpal tunnel syndrome
  • Once a doctor has determined that you have reached your Maximum Medical Improvement, if you have a permanentinjury or impairment, you are entitled to a Permanent Partial Disability settlement.
  • If your work related injuries result in your Total Disability, you can apply for Workers’ Compensation Permanent Total Disability benefits.  You can also apply for Workers’ Compensation Permanent Total Disability benefits if multiple work related injuries have resulted in Permanent Partial Disability awards totaling 50% or more.
  • If a worker dies on the job, his or her surviving spouse is entitled to lifetime Survivor’s Benefits.

Pat Jacobs and everyone at The Jacobs Law Office will work alongside you, the injured worker, to get ALL OF THE MAXIMUM BENEFITS you deserve.

Attorney Pat Jacobs, is a workers compensation attorney West Virginia has been representing injured West Virginia workers for over 34 years.  Recently Pat Jacobs was quoted while discussing the difficulties workers face while trying to obtain Worker’s Compensation benefits:  “In my 34 years of practicing law and representing injured West Virginia workers, I have never seen the system work against workers as badly as it is today.  Ever since The West Virginia Workers’ Compensation laws privatized West Virginia Workers’ Compensation benefits, there has been a steady and drastic change in an injured worker’s ability to get fair and adequate medical treatment and benefits for their work related injuries.  Insurance companies have taken over the delivery of Workers’ Compensation benefits for injured West Virginia workers. I have seen outrageous decisions by insurance adjusters, such as:

  • ·        denial of compensability (denying that the claim and injuries happened at work),
  • ·        failure to properly name all of the compensable components of an injury (all of the physical body parts or psychological injuries caused by the physical injury),
  • ·        denial of medical treatment and prescription medications recommended by the injured worker’s treating doctor,
  • ·        denial of the treating doctor’s referral to a medical specialist; denial of physical therapy and pain management injections;
  • ·        denial of lost wage replacement, commonly referred to a Temporary Total Disability (TTD);
  • ·        Low-ball settlement offers or extremely low percentage ratings for Permanent Partial Disability.

If you’ve been referred to Dr. Mukkamala or Dr. Bachwitt or any other doctor by the Workers’ Compensation Insurance Company WATCH OUT!  These doctors work for and are paid by the Insurance Company and are against the injured worker.  Basically, since the privatization of West Virginia’s Workers’ Compensation, the system has been DENY DENY DENY!!!

If you have ANY questions regarding your Worker’s Compensation Claim, call Pat Jacobs today.  Don’t Delay!  Pat Jacobs never charges any money to talk to anyone.  All Workers’ Compensation claimants hire Pat Jacobs on a 20% contingency fee contract.

WORKERS COMPENSATION IS NOT YOUR ONLY OPTION. 

You may have a Deliberate Intent Claim.

If you’ve been injured in the workplace, you’ve probably been told that the only compensation you can receive will come from your employer’s workers’ compensation insurance. Although this is the general rule, there are many exceptions—situations in which you may be able to sue for damages caused by your injuries.

For example:

  • If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
  • If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
  • If you were injured because of your employer’s intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
  • If your employer does not carry workers’ compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
  • If a third party caused your injury, you might be able to bring a personal injury lawsuit against the person.

A lot of injured workers are not fully aware that workers compensation is not the only source of compensation when they have a workplace injury. There are times that a third party can also be held responsible. An example of this situation is – if theinjury was caused by unsafe equipments, then the manufacturer of that equipment is held liable. Also, the employer can also be held liable over and above the workers compensation in some situations.

Our West Virginia Supreme Court has stated:

“As a general principle, the West Virginia Workers’ Compensation Act provides immunity to covered employers for employee suits for “damages at common law or by statute” resulting from work-related injuries.   An employer’s immunity is lost, however, when it acts with “Deliberate intention” to cause the employee’s injury.  If the deliberate intention exception applies, the employee may file an action for damages in excess of workers’ compensation benefits.

This Court has recognized that “`[a] plaintiff may establish a ‘deliberate intention’ in a civil action against an employer for a work-related injury by offering evidence to prove the five specific requirements provided in [W.Va. Code § 23-4-2(d)(2)(ii) (2010)].’ Under West Virginia Code § 23-4-2(d)(2)(ii),12 a plaintiff must prove the following five elements to establish a deliberate intention cause of action:

(A) 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;

(B) That the employer, prior to the injury, had actual knowledge of the existence of the specific unsafe working conditionand of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition;

(C) 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 the employer, as demonstrated by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business, 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;

(D) That notwithstanding the existence of the facts set forth in subparagraphs (A) through (C), inclusive, of this paragraph, the employer nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition; and

(E) That the employee exposed suffered serious compensable injury or compensable death as defined in section one, article four, chapter twenty-three whether a claim for benefits under this chapter is filed or not as a direct and proximate result of the specific unsafe working condition. (citations omitted, emphasis added).

If you think you have a Deliberate Intent claim, call Jacobs Law Office as soon as possible for a FREE case evaluation.

YOU CANNOT BE FIRED OR LOSE YOUR HEATH INSURANCE FOR FILING A WORKER’S COMPENSATION CLAIM

In West Virginia, employees have specific rights with regard to their employment after they file a Workers’ Compensation claim:

1.       No employer shall discriminate in any manner against any employee because the employee received or attempted to receive WV Workers’ Compensation benefits.

2.       Any employer who has provided medical insurance for an employee and his/her dependents by paying premiums, in whole or in part, shall not cancel or decrease employee or dependent benefits while the employee is claiming or receiving WV Workers’ Compensation benefits.  If the medical insurance policy required a contribution by the employee before the employee was injured with his/her worker’s compensation injury, then the employee must continue to make the contribution that was previously required.

3.       It is against the law and a discriminatory practice for an employer to terminate an injured employee while the injured employee is off work due to a WV Workers’ Compensation injury and is receiving or is eligible to receive Temporary Total Disability (TTD) benefits, unless the injured employee has committed a separate dischargeable offense.

4.       It is against the law and a discriminatory practice for an employer to fail to reinstate an employee who has sustained a WV Workers’ Compensation injury to the employee’s former position of employment once the employee is released to return to work without restrictions.

Therefore, once you file a West Virginia Workers’ Compensation claim, your employer cannot reduce your medical/health insurance coverage, your employer must put you back to work at your old job once you are released to return to work without restrictions, and your employer cannot fire you absent a specific reason such as theft or drug use.

For more information regarding any aspect of West Virginia workers compensation benefits, contact Pat Jacobs and Jacobs Law Office.  Don’t Delay, call today!

Disability Lawyers in Charleston WV

The federal Social Security Act provides that if you have a disability that prevents you from performing substantial gainful employment, you may be eligible for Social Security Disability Benefits. Unfortunately, the Social Security Administration often denies truly disabled claimants. In this case, disability lawyers in Charleston WV can help you.

 

SUPPLEMENTAL SECURITY INCOME (SSI) OVERVIEW

WHAT IS SSI?

SSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI.

HOW IS SSI DIFFERENT FROM SOCIAL SECURITY BENEFITS?

Many people who are eligible for SSI may also be eligible for Social Security benefits. In fact, the application for SSI is also an application for Social Security benefits. However, SSI and Social Security are different in many ways.

  • Social Security benefits may be paid to you and certain members of your family if you are “insured” meaning you worked long enough and paid Social Security taxes. Unlike Social Security benefits, SSI benefits are not based on your prior work or a family member’s prior work.
  • SSI is financed by general funds of the U.S. Treasury–personal income taxes, corporate and other taxes. Social Security taxes withheld under the Federal Insurance Contributions Act (FICA) or the Self Employment Contributions Act (SECA) do not fund the SSI program.
  • In most States, SSI beneficiaries also can get medical assistance (Medicaid)- to pay for hospital stays, doctor bills, prescription drugs, and other health costs.
  • Most States also provide a supplemental payment to certain SSI beneficiaries.
  • SSI beneficiaries may also be eligible for food assistance in every State except California. In some States, an application for SSI benefits also serves as an application for food assistance.
  • SSI benefits are paid on the first of the month.
  • To get SSI, you must be disabled, blind, or at least 65 years old and have “limited” income and resources. addition, to get SSI, you must:
    • be a resident of the United States, and
    • not be absent from the country for a full calendar month or more or for 30 consecutive days or more; and
    • be either a U.S. citizen or national, or in one of certain categories of qualified non–citizens.

HOW IS SSI LIKE SOCIAL SECURITY BENEFITS?

  • Both programs pay monthly benefits.
  • The medical standards for disability are the same in both programs for individuals age 18 or older. For children from birth to age 18 there is a separate definition of disability under SSI.
  • SSA administers both programs.

An experienced social security disability lawyers in Charleston WV at The Law Office of G. Patrick Jacobs will help you file your disability claim with the Social Security Administration or will help you with your appeal if your claim has been denied.

Unfortunately, disabled people often are confronted by a complicated and uncaring government bureaucracy which provides little assistance or information by which to understand the claims process. Claimants become very frustrated by the poor assistance received from Social Security Administration personnel.

If you have become disabled and have not filed a claim, call the Social Security Administration at 1-800-772-1213 to receive information from your local district office and information concerning making a claim. If you are unable to travel, a claim can be made over the phone. For persons with Internet access, you may wish to log on to www.ssa.gov to obtain initial information. As you will discover, these government resources are quite limited. In order to obtain better assistance, you may wish to consult with counsel from the beginning. Legal assistance will always help a Claimant to a better understanding of the claims process and with gathering the necessary documentation by which to prove a claim for disability benefits.

The claims process proceeds in several steps. The process begins when a disabled person makes an initial claim for social security disability benefits. These claims are routinely denied unless the person suffers from a serious or life-threatening illness. Most persons will need to file a reconsideration of benefits, which, often, is subject to routine denial unless very strong evidence of a serious work disabling illness or injury is submitted for consideration. Following reconsideration denial, the Claimant will need to request a hearing before an administrative law judge.

As with all other steps in this process, administrative delays of several to many months can occur due to inefficiency in the Social Security Administration or failure by the Claimant to comply with many application requirements. Under no circumstance should a Claimant attend a hearing before an Administrative Law Judge without assistance of skilled legal counsel. Without such assistance, a Claimant is inviting a ready denial of benefits, which can be difficult to overturn. Should the Claimant be unsuccessful at the hearing, appeals to the Appeals Council and/or Federal Court are available. Again, if your claim is denied at any level, you should seek the advice of a disability lawyers in Charleston WV. It is not uncommon for persons who have been denied several times to be subsequently approved when they receive assistance of an experienced counsel.

Many times, claim files will be incomplete due to missing medical and employment information or absent/incomplete forms. Claimants are often disturbed to learn that the Social Security Administration employs physicians who “review” files and make findings of non-disability without ever examining the Claimant (or, for that matter, ever treating patients for illnesses). In other cases, outside doctors are hired by Social Security to perform examinations.

These examinations tend to be very short in duration and involve little or no testing. Even more disturbing is the chronic failure of the Social Security Administration to secure the necessary medical records documenting the treatment of a Claimant by which to conduct any meaningful claims review. Due to this poor and inefficient system of claims review, it is absolutely essential for the Claimant to submit documentation to the claim file. The assistance of a skilled lawyer cannot be underestimated in the case file development process.

Disability decisions by the Social Security Administration are based on a complicated scheme of government statutes comprising the Social Security Code which is supplemented by numerous Social Security Rulings and an extensive body of case law developed over many years. Knowledge of these volumes of codes, rulings and cases are what separate a skilled disability lawyers in Charleston WV from other practitioners who merely say that the engage in Social Security Disability representation.

An easy way to verify a counsel’s experience is to request information concerning the practitioner’s record in federal court. This can also be verified easily by conducting a Lexis or Westlaw search under the attorney’s name. Federal practice requires a practitioner to be familiar with the emerging case law and recent changes in Social Security statutes and rulings, all of which change with surprising frequency. The skill of your advocate is essential given the importance of receiving disability benefits becomes a Claimant’s sole source of income due to disability.

Definition of Disability According to the SSA

“Disability” is defined by the Social Security Administration (SSA) as a person’s inability to perform any kind of work because of an injury or a medical condition. The disability should be expected to last for at least one year, or result in death. The disability can be a result of a physical or mental condition, or a combination of a number of such conditions.

Have you been denied Social Security Disability Income (SSDI) benefits? Contact us today for a free evaluation of your case.

Disabled persons or their families are eligible to collect SSDI. Once benefits begin, they will continue as long as the person remains disabled.

It sounds like a simple process, yet the SSA often denies truly disabled claimants by making the process very difficult. First, there are thousands of people who apply for SSDI each year. The lines are long and the forms are complicated. Benefits for legitimate claims are often denied-not only once, but twice and sometimes even more times. As a result, many people who apply on their own become discouraged and intimidated. So they give up when they are genuinely entitled to benefits.

That’s where an attorney experienced in Social Security Disability law is necessary. An disability lawyers in Charleston WP can help you get the benefits that you are entitled to in a timely manner.

Pat Jacobs Law Firm is an experienced Social Security Disability/SSI attorney. He is a member of the National Organization of Social Security Claimants’ Representatives (NOSSCR). The Law Office of G. Patrick Jacobs has an experienced and highly trained staff dedicated to the preparation of your Social Security Disability/SSI claim.

Mesothelioma Attorney West Virginia

Mesothelioma

If you or a loved one have been diagnosed with mesothelioma, contact mesothelioma attorney West Virginia now.

What is Mesothelioma?

Every year in the United States, between 2500 and 3500 people are diagnosed with mesothelioma. Mesothelioma cancer, or malignant mesothelioma, is a rare disease generally affecting the lining of the chest and/or abdominal cavity. Mesothelioma is mostly associated with exposure to asbestos and can remain latent in those exposed for up to 50 years.

Why is it such problem?

Mesothelioma is deadly. Generally, by the time the symptoms appear the cancer diagnosed, it is often advanced, and the average survival time is about one year. The five-year relative survival rate is around 10%. Because of the long latency period (the period of time from exposure to manifestation of symptoms) involved in mesothelioma cases—up to 50 years—mesothelioma cases present unique challenges. For example, because it is necessary to properly identify the asbestos-containing products the client was exposed to, it is necessary to properly identify the asbestos-containing products the client was exposed to, it is necessary to develop and maintain an ever expanding library of product identification library consists of labels, photographs of asbestos products, advertising materials and the like from products used in specific industrial settings 50 or more years ago. Further, many of the long-thought-of primary Defendants in asbestos litigation are in bankruptcy and many Claimants are left with no further recourse than to seek payment through a bankruptcy trust.

What can you do about it?

As a result, development of secondary and tertiary Defendants has become important and premises liability claims are often included in current mesothelioma lawsuits. Indeed, many of the current viable mesothelioma claims proceed against little-known companies responsible for manufacturing and selling asbestos gaskets, packing material, industrial insulation used in boilers, power plants, ship yards, pumps and air compressors.

Where can you go to get help?

Due to the complexity and uniqueness of these cases, it is vitally important to associate a law firm with resources and experience to tackle these difficult and challenging issues. If you would like more information, please contact us.

Charleston Car Accident Lawyer

Product Liability cases are often overlooked, especially in single vehicle accidents involving large trucks. However theories of defect apply equally to 18-wheelers as they do to cars.

For example, defective roofs and defective seat belts cause injuries in 18-wheeler truck accidents as well as passenger car wrecks. Also, some defects, such as defective under ride protection, are almost exclusive to 18-wheeler trucks. So, it is important to keep yours eyes open while investigating an 18-wheeler accident so that you don’t miss important product liability claims.

Take the time to look at the correlation between the severity of the accident and the severity of your client’s injuries. Determine if there is a headache (header board) rack defect, a seatbelt defect, and airbag defect, under ride protection defect, roof structure defect, or any other defect.

Questions About Accident Cases

Below are some common questions asked about accident cases:

How do I pay for legal assistance?

Charleston Car accident lawyer who handle personal injury claims are usually paid on a contingency basis. This means that you don’t have to pay anything unless and until we win your case. Our fees will be deducted from your settlement or award. If there is no recovery, we do not get paid.

How long will it take to get a fair settlement offer?

The Law Office of G. Patrick Jacobs will work hard to investigate your claim and to prepare your case for possible settlement as quickly as possible. We know that most people prefer not to have their case drag on and on. Our main goal is to work hard and quickly to resolve your case so that you receive the compensation you deserve for payment of medical bills, lost wages, pain and suffering, annoyance and inconvenience and loss of enjoyment of life.

Will I have to go to court?

If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, then you don’t have to go to court. The vast majority of auto accident insurance claims are settled out of court. At the Law Office of G. Patrick Jacobs we work hard to complete the preparation of your case so that it is ready to settle when you are. We have the highly trained and experienced staff that will assemble your medical records and medical bills along with any and all independent medical examinations necessary for your case without delay. Your case gets the personal attention it deserves. We recognize the financial inconvenience and hardship that a motor vehicle accident can cause you to suffer. That is why we work quickly to prepare your case for settlement.

What are compensatory damages?

Compensatory damages “compensate” the injured person for various kinds of losses or damages. These may also be referred to as “actual damages.” The courts do not allow attorneys to argue that the award should be what a juror would want to go through a similar injury, but the instructions call for “reasonable” compensation.

What are punitive damages?

Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others. The actual payment of punitive damages is rare, and appellate courts frequently cut punitive damage awards down, or simply throw them out. However, the threat of punitive damages can often induce the defense to make an increased settlement.

Workers Compensation Attorney West Virginia – Wage / Hour, Overtime, Employment

YOU CANNOT BE FIRED OR LOSE YOUR HEATH INSURANCE FOR FILING A WORKER’S COMPENSATION CLAIM

In West Virginia, employees have specific rights with regard to their employment after they file a Workers’ Compensation claim:

1.       No employer shall discriminate in any manner against any employee because the employee received or attempted to receive WV Workers’ Compensation benefits.

2.       Any employer who has provided medical insurance for an employee and his/her dependents by paying premiums, in whole or in part, shall not cancel or decrease employee or dependent benefits while the employee is claiming or receiving WV Workers’ Compensation benefits.  If the medical insurance policy required a contribution by the employee before the employee was injured with his/her worker’s compensation injury, then the employee must continue to make the contribution that was previously required.

3.       It is against the law and a discriminatory practice for an employer to terminate an injured employee while the injured employee is off work due to a WV Workers’ Compensation injury and is receiving or is eligible to receive Temporary Total Disability (TTD) benefits, unless the injured employee has committed a separate dischargeable offense.

4.       It is against the law and a discriminatory practice for an employer to fail to reinstate an employee who has sustained a WV Workers’ Compensation injury to the employee’s former position of employment once the employee is released to return to work without restrictions.

Therefore, once you file a West Virginia Workers’ Compensation claim, your employer cannot reduce your medical/health insurance coverage, your employer must put you back to work at your old job once you are released to return to work without restrictions, and your employer cannot fire you absent a specific reason such as theft or drug use.

If you have been fired after filing a workers’ compensation claim in West Virginia, or if you have been fired after reporting your employer for unsafe or illegal business practices,  you may have a claim.  Contact workers compensation attorney West Virginia and Jacobs Law Office.  Don’t Delay, call today!”

On April 1, 2010, Secretary of Labor Hilda Solis announced a new campaign entitled “We Can Help,” aimed at assisting low income workers in reporting wage and hour violations to the Department of Labor. The campaign consists of a new website and 1-800 number, combined with bilingual public service announcements by celebrities such as Esai Morales and Jimmy Smits.

The campaign is primarily targeted at employees in the construction, food service, janitorial, hospitality and health care fields. Employers in these targeted industries should be cognizant of these stepped up enforcement efforts and conduct regular audits to ensure compliance.

The following is a list of some of the professions we are investigating or some of the professions where we have found wage and hour violations or Fair Labor Standards Act (FLSA) violations.

Please note that just because a profession is listed as undergoing our wage and hour investigation does not necessarily mean that everyone in that profession is violating state or federal overtime laws. Nor does the fact that a certain profession is not listed here indicate that there is no violation of state or federal wage and hour laws. We analyze each specific inquiry on its own merits. However, if you do belong to one of the professions listed below (and check periodically for updates to the list) and are working overtime without being compensated for it, please contact us to investigate your claim.

Current Wage and Hour Investigations:

The following professions have been or are currently being investigated for wage and hour violations

  • Health aides
  • Cable installers (especially those using company equipment)
  • Car or auto mechanics
  • Mortgage organizations
  • Loan originators
  • Account executives
  • Ambulance drivers
  • Paramedics
  • Day laborers
  • Carpenters
  • Roofers
  • Electricians
  • Plumbers
  • Builders