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Category Archives: Virginia Workers’ Compensation

I am celebrating 50 years of law practice and retiring June 30, 2024. To devote time to my existing clients, I am no longer accepting new cases.

If I Caught COVID-19 on the Job, Can I Collect Workers’ Compensation Benefits?

The COVID-19 pandemic has opened up a whole new avenue of potential workers’ compensation claims. If you believe you were exposed to coronavirus and caught the virus while on the job, then you might be able to collect workers’ compensation benefits. As we’re still in the early stages of this healthcare crisis, pinning down exactly […]

Will COVID-19 Change the Workers’ Compensation System Forever?

Even after the worst part of the coronavirus pandemic subsides, it will likely take many years to assess the ways it has altered American society and culture. Certainly, the effects on employment and the healthcare industry will be significant, so we should expect laws to change to address those changed circumstances. Accordingly, states might be […]

For a Virginia Workers’ Compensation Accident, It Can Be All About the Medical History

Recently, I had three cases with the same Deputy Commissioner. All these cases contained a similar problem. The claimant had “not” clearly mentioned his injury in the early medical records. For example, in one case John Doe had said he had lumbar and abdominal pain. This complaint appeared in the “histories” taken by the first […]

Workers’ Compensation Injury — A Simple Fall at Work

I hear this all the time. My accident happened at work or I was injured at work. Why is my company denying the claim? The answer may not be obvious but there is an answer.  Being at work is just part of the basis for a worker’s compensation claim. The second part of the claim […]

Workplace Injury Happens Frequently

Is a workplace injury a rare occurrence? Apparently not. A recent study by the National Safety Council reports an American worker is injured every seven seconds which amounts to 12,900 a day and 4.7 million a year.  This shows it is more important than ever to make sure your employer covers you with workers’ compensation […]

Virginia Worker’s Compensation Accident — Not Unknown Incident

A worker’s compensation accident is compensable an “unexplained incident”  is not. When a prospect calls me for help, I don’t want to find out the worker was injured and does not know what happened. This is especially a problem when the worker is working alone. Often, in this situation the worker is the only witness […]

The Workers Compensation Hearing — The Importance of the Record

Today, I had two (2) prospective clients contact me. They both had the same problem. They had already had their hearings and had both lost. In both cases the problem was the record. In Case Number One the claimant had fallen down the stairs at VCU. She claimed the accident occurred because the stairs were […]

Richmond, Virginia Medical Care Denied After Workers Compensation Accident

Many call my firm with the following situation: They have an award for lifetime medical coverage for an accident on the job. The award may be years old. Suddenly, the insurance company “cuts off” the medical care for the accident. The insurance company says there is no evidence the problem is still related to the […]

Appealing a Virginia Workers’ Compensation Denial

Many claimants are confused when their Virginia Workers’ Compensation claim is denied. They need to draw a distinction between a denial by the insurance company and a denial by the Virginia Workers’ Compensation Commission. First, most employers have obtained workers’ compensation insurance to cover claims of injured workers. So, when a worker makes a claim […]

Virginia Workers’ Compensation Accident and Use of Cell Phone While Operating Motor Vehicle

At present, you can recover workers’ compensation in Virginia for use of the cell phone. This is especially the case when the injured worker’s job requires use of the cell phone. Recent Case Where Commission Awarded Compensation for Accident Caused by Use of Cell Phone At the present time, the state of Virginia has not […]

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