Can you get Workers' Compensation if you are involved in a fight at work in Virginia?

Bill came to my office looking for help. He had been in a fight at work and had suffered a right rotator cuff tear. He wanted to know if he would receive workers' compensation for his injury. I asked how had the fight happened? Bill said he was the Lead Man on his construction crew. He had given one of the crew (George) an order to fetch supplies. George said he was no one's slave and Bill was not his foreman and he refused the order. A little later when Bill again asked George about the supplies George cussed Bill and started a fight. As a result of the fight Bill suffered his bad shoulder.

I told Bill Virginia follows the "arising out of" rule. So, if his shoulder injury arose out of his work then he had a good chance. Since George had taken a swing at Bill in a direct response to an order from Bill I felt comfortable in telling Bill he had a good workers' compensation claim.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Are you allowed to pick your own doctor if you are an injured worker in Virginia?

You are Dick and you have a Virginia on the job foot injury. Dick wants to know if he can go to his own doctor. The answer is "no" he cannot . However, Dick can request that the insurer provide him a panel of three doctors from which he can pick a doctor. Also, if Dick needs a specialist, he can request the panel contain three specialists. In this case Dick has a foot injury. So, can request a panel of three foot specialists. The panel idea is supposed to protect Dick, the worker, from ending up with the insurer's pet doctor. This does not always protect the worker. Especially, with orthopedists, the insurer can often find three insurance friendly orthopedists and "stack the deck" against the poor worker.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Are you compensated for mileage you incur in Virginia if you are an injured worker?

In Virginia if you are an injured worker and have a valid workers' compensation claim you are entitled to 55.5 cents a mile for any trips you need to make to doctors, therapists and hospitals. Also, if you are required to do a light duty job search, you also can claim mileage reimbursement for any mileage you have to incur in your job search. The only caveat in all of this is that you are not allowed mileage reimbursement for trips to the drug store.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Do you have to use your own car in a light duty sales job proposed by the insurance company?

Recently I had a client (Bob)who was being job placed by the insurance company's so called vocational consultant (VC). The VC had to work with the Bob's work restrictions which were quite severe. The VC decided to offer Bob a door to door sales job which involved the use of Bob's personal car. Fortunately, the Virginia Worker's Compensation Commission had ruled in a case in 1993 that the insurer could not force a claimant to use his personal car in a light duty job. The Commission probably made this ruling on the grounds an injured worker like Bob would be losing a thing of value (wear and tear on his personal car) which he would not be compensated for.

Thus, I quickly sent a letter to the VC citing the 1993 case and the insurer and the VC gave up the idea of placing Bob in the door to door sales job.

I injured my brain and I cannot remember how I injured myself in Virginia.

You are at work and you injure yourself. It is a head injury. As a result you cannot remember how you did it. Can you recover workers compensation in Virginia?

At present the answer is probably "NO" and you will lose. Virginia does award the worker a presumption that if you are found dead at your place of work it is "presumed" this occurred as a result of your accident at work. This will benefit your widow and children.

Butt what if you are found unconscious at work and you do not remember the accident. At present unless you can prove the cause of your accident with some other means you will lose.

This is exactly what happened in Herman Blair v. Blair a Construction. Deputy Commissioner  Burchett decided because Herman Blair could not remember his accident even though he was capable of testifying he could not win his case. This decision occurred in April 2012. The case was appealed. While it was appealed labor forces tried to change the law in Virginia to favor compensability. Perhaps due to this effort in the legislature the Blair Case settled on appeal and the three Commissioners who handle Deputy Commissioner appeals never had to rule on this issue.

It remains to be seen if Virginia will extend the "death presumption"

Questions that need to be asked in a Virginia Workers' Compensation Accident

Virginia Workers' Compensation can be complex. These are questions that the injured worker needs to think about.

1

A Specfic Accident?

Did you injure yourself in a specific accident or was it a gradually occurring problem (such as tendinitis)?

2

Was there an Accident Report?

Did you report it to a supervisor immediately and was an Accident Report filled out the day of the accident or at least within two to three days after the accident?

3

Was there medical care that day?

Did you immediately go to a doctor or an emergency room that day or at least the following day?

4

Cause of Slip and Fall?

 If you slipped and fell at work, do you know what caused the fall such as water on the floor, a slippery carpet, etc.?

5

Was there a witness?

 Was there a witness who can confirm your accident and is he or she willing to come forward?

6

Was a Drug or Alcohol Involved?

 Were you under the influence of any drug such as marijuana, cocaine or alcohol at the time of your accident (Many employers will give an injured employee a drug test)?

7

Work Mission or Errand?

Were you doing a work activity at the time of the accident or were you on a personal mission or errand?

8

Horseplay?

Were you the victim of horseplay by a fellow employee?

9

Personal Assault?

 Were you the victim of a personal assault by a fellow employee or someone else who was a stranger to the employment?

10

Ordinary Activity?

Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?

11

Fight with Co-employee or Boss

Did you injury occur as the result of a fight with a co-worker or your boss?

12

Cause of your fall?

If you fell on a stairs, did you slip as the result of poor lighting, water on the stairs, other substance on the stairs, bad carpet, etc.

In summary, if any of these questions raise issues talk to an experienced workers' compensation lawyer.

Getting the Best Virginia Workers' Compensation Settlement

Getting the Best Virginia Workers' Compensation Settlement