In West Virginia (WV), a statutory exception allows employees or their representatives to circumvent workers' compensation immunity and file suit for monetary damages in limited circumstances. These WV deliberate intent claims can be complex and costly. A thorough comprehension of state law and the intricacies of workers' compensation in WV are needed to successfully defend deliberate intent cases.

Medicaid myths and misunderstandings about long-term care coverage and Medicaid asset protection are abundant. The belief that individuals with significant financial means will never need Medicaid coverage and the idea that all assets must be exhausted before Medicaid coverage becomes an option are among these fictions.

Private payment of long-term care can quickly exhaust substantial financial resources, as mentioned in the first blog of this six-part series. But there are legal and ethical ways to preserve resources that allow the person in need of care and the remaining spouse or family to retain a quality standard of living.

West Virginia (WV) employers are required by law to provide a workplace that is free from discrimination and harassment. Solidly crafted and enforced employment policies can create a culture that values diversity and deters discrimination. However, when litigation is threatened or arises, employers in the Mountain State may need to develop a WV employer retaliation defense strategy.

Employers sometimes hesitate to take action against disruptive or difficult employees out of fear of employment retaliation cases. Proper legal preparation, guidance, and defense strategies aid in preventing retaliation claims and can eliminate the need for businesses to continue to employ non-performing or incompetent employees.

Preparing for the possibility that you will at some point require long-term care, either in a nursing facility or at home, is an often overlooked aspect of estate planning. This third blog in a series of six on the topic of long-term care planning will discuss Medicare and Medicaid coverage, as well as spousal Medicaid rules and requirements that should be taken into consideration.

The first blog of this series provided an overview of topics related to elder care planning in WV, KY, and OH, and the second presented choices and insights about long-term care insurance.

Local government entities in West Virginia-municipalities, cities, government departments, police and fire departments-face a number of challenges. Municipal budgets are tight, and taxpayers do not want public funds to be spent on legal settlements or awards of damages. WV municipal defense lawyers can help government entities or political subdivisions prevent and defend against claims that threaten precious resources.