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Historically, Workers' Compensation was administered by the State of West Virginia. As you may know by now, the State of West Virginia is no longer responsible for the administration of Workers' Compensation claims. Brick Street Insurance was the only insurance company in West Virginia that was able to offer workers' compensation insurance until 2008. This gave Brick Street a "Monopoly" on all insurance coverage for workers' compensation claims in West Virginia until 2008, when the system would become open to other insurance companies to compete for business and offer coverage for employers for their injured workers.
Workers' compensation cases have been dramatically changed in light of the 2003 amendments to the law. In 2004, the West Virginia Supreme Court essentially allowed the legislature to make these amendments retroactive, meaning they can apply the law to "old" cases. Now any new laws will apply to all cases, no matter when your date of injury occurred.
The "Rule of Liberality" has also been eliminated. This rule balanced the scales of justice so that the employers paid fewer benefits to injured workers, but the injured workers were likely to get their benefits timely. Now that the "Rule of Liberality" has been eliminated, the scales of justice have tipped toward businesses, corporations and insurance companies. Not only is it harder to obtain benefits, those benefits have been reduced in the amount of money an injured worker can receive. Instead, we now have a "Preponderance of Evidence Rule." However, our firm has been able to have success in getting benefits for our clients despite the new rules. We know how to apply the law so you have the best chance possible of receiving benefits. So as you can see, you are dealing with an insurance company who is in the business of making money. Your employers as well as Insurance Companies have teams of lawyers to protect their bottom line while not considering the interests of the injured worker. We are here to provide you, the injured worker, with a team of lawyers and staff that is capable of protecting your rights and getting you the benefits you deserve. We know that providing for your family is your first priority. Let us and our family of legal professionals take the burden of dealing with big insurance companies and lawyers off of your shoulders so that you may recover and have peace of mind.
Workers' compensation cases have been dramatically changed in light of the 2003 amendments to the law. In 2004, the West Virginia Supreme Court essentially allowed the legislature to make these amendments retroactive, meaning they can apply the law to "old" cases. Now any new laws will apply to all cases, no matter when your date of injury occurred.
The "Rule of Liberality" has also been eliminated. This rule balanced the scales of justice so that the employers paid fewer benefits to injured workers, but the injured workers were likely to get their benefits timely. Now that the "Rule of Liberality" has been eliminated, the scales of justice have tipped toward businesses, corporations and insurance companies. Not only is it harder to obtain benefits, those benefits have been reduced in the amount of money an injured worker can receive. Instead, we now have a "Preponderance of Evidence Rule." However, our firm has been able to have success in getting benefits for our clients despite the new rules. We know how to apply the law so you have the best chance possible of receiving benefits. So as you can see, you are dealing with an insurance company who is in the business of making money. Your employers as well as Insurance Companies have teams of lawyers to protect their bottom line while not considering the interests of the injured worker. We are here to provide you, the injured worker, with a team of lawyers and staff that is capable of protecting your rights and getting you the benefits you deserve. We know that providing for your family is your first priority. Let us and our family of legal professionals take the burden of dealing with big insurance companies and lawyers off of your shoulders so that you may recover and have peace of mind.
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