2014 West Virginia Code
CHAPTER 16. PUBLIC HEALTH
ARTICLE 39. PATIENT SAFETY ACT.
§16-39-6. Enforcement.
(a) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section four of this article may file a civil action in any court of competent jurisdiction against the health care entity and the person believed to have violated section four of this article.
(b) A court, in rendering a judgment for a complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the health care worker, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant, all or a portion of the costs of litigation, including reasonable attorneys fees and witness fees, if the court determines that the award is appropriate.
(c) An action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
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