Welcome to the GGL Law Firm
The Law Office of Gerald G. Lutkenhaus
Virginia Workers' Compensation and Social Security Disability Attorney
Rated "ONE OF THE BEST" in Central Virginia*
with over 35 years of experience.
Contact me for a FREE EVALUATION regarding your Virginia Workers' Compensation accident, claim, denial, injury, disability, or settlement:
✍ GERALD'S CASE OF THE WEEK
Win in the Virginia Court of Appeals
Ms. Cooper was a surgical nurse who injured both knees slipping on the wet floor in the operating room. Her doctor provided her physical therapy that did not correct the problem. After two years, he finally decided she needed bilateral knee replacements. However, her employer's Workers' Compensation Insurer denied the claim. We won the hearing and the deputy commissioner ordered the insurer to pay for the surgery. Then the defense appealed the decision to the Court of Appeals. The Court denied the appeal and ordered the surgeries to be covered.
☞ GERALD'S TIP OF THE WEEK
Sexual Assault at Work in Virginia - Work Comp or Personal Injury Claim?
The test for a workers' compensation injury in Virginia has two parts:
For instance, if a lady's boyfriend attacks her at work, that normally would not result in a workers' compensation case because it failed the second part of the test--it did not "arise out of" the employment. However, if worker operated the midnight shift at a 7-11 and was the victim of a sexual assault by a stranger, the worker could readily argue such employment exposed the worker to higher risk of sexual assault than the American public is normally exposed. Likewise, an employee who had to make payroll deposits could reasonably argue this employment created a greater risk of being assaulted.
On the other hand, what if the worker is sexual assaulted by a fellow employee in the work place? Sometimes the victim does not want to be covered by the Virginia Workers' Compensation Act. If the injury is horrific, the victim might rather file a personal injury claim for negligent hiring. In a workers' compensation claim, the remedy is limited to compensation for lost wages and medical expenses. In a personal injury claim, the victim can try to recover for pain and suffering, loss of quality of life, etc. If the sexual assault by the fellow employee takes place in the work place but there is no other link to the work place environment, then the victim will not have a workers' compensation claim. If the victim thinks she can recover more in a personal injury case, she may not want workers' compensation coverage. Conversely, the employer might desire workers' compensation coverage since the victim's damages are more limited.
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Office LocationGGL Law Firm
4906 Fitzhugh Ave, Suite 201
Richmond, VA 23230-3519
Phone: (804) 335-0268
The Virginia Workers' Compensation and Social Security Disability Law Office of Gerald G. Lutkenhaus, located in Richmond, Virginia, is pleased to represent clients in:
Greater Richmond (including Bon Air, East End, Fan, Short Pump, West End), Amelia, Amelia Courthouse, Ashland, Burkeville, Caroline, Charles City Courthouse, Chester, Chesterfield, Colonial Heights, Crewe, Dinwiddie, Farmville, Glen Allen, Goochland, Hadensville, Hanover, Henrico, Hopewell, Jetersville, King William, Mechanicsville, Midlothian, Montpelier, New Kent, Nottoway, Petersburg, Powhatan, Prince George, Quinton, Rockville, South Hill, Sutherland, Warsaw, and Williamsburg.