Posts Tagged ‘Virginia Workers’ Compensation’

How to maximize your recovery in your Virginia Workers Compensation Case

Monday, August 10th, 2009

Part 1.

There are various things you can do help you receive all that you deserve in your Virginia Workers Compensation Case. One of the most important is to develop and nuture your relationship with your treating physician. I have seen many clients who are needlessly suspicious of their doctor because the doctor is “working” for the Workers’ Compensation insurance carrier. Good or bad, it is a fact of life that your doctor will be paid by workers compensation insurance. If that makes him biased against you, then that doctor must be biased against all patients. On the other hand I have seen clients who have a good working relationship with their physician.

I can honestly state that those clients who got along well with their doctor, generally did better than those who did not. This seems to be morte a matter of human nature than anything. You tend to want to help people who you like and may not be so willing to help those who you do not get along with.

If at all possible, try to develop a good working relationship with your physician. The treating physician will likely be evaluating your permanent partial disability at some point, so why not try to make sure you get as high a rating as you can.

2008 Virginia Workers Compensation Commission Revised Termination of Wage Loss Award

Monday, December 22nd, 2008

When the injured worker has returned to work either in a light or full duty capacity, the Virginia Workers’ Compensation Act requires that a termination of wage loss award is filed with the Virginia Workers’ Compensation Commission. Be aware that certain time limitations commence once it can be determined when the “date that copmpensation was last paid” set in stone. This 2008 revised form is applicable to all injuries occurring after October 1, 2008.  termination-of-wage-loss-award

2008 Virginia Workers' Compensation Commission Revised Award Agreement

Monday, December 22nd, 2008

When your employer agrees to pay you benefits, the Virginia Workers’ Compensation Act requires them to file an Award Agreement with the Commission. This document requires the signature of the injured worker and the employer or insurance company. Common sense dictates that before you sign legal document, you consult with a lawyer. This form allows the injured worker to receive an Award of Compensation. Without an Award the insurance company can stop your benefits at any time, and for any reason. Here is the 2008 revision of the Award Agreement form from the Virginia Workers’ Compensation Commission to be filed in all accidents occurring after October 1, 2008.    award-agreement

2008 Virginia Workers' Compensation Revised First Report of Injury Form

Monday, December 22nd, 2008

After each serious Virginia work accident, your employer must advise the commission that you were injured. When the Workers’ Compensation Commission receives this form, there is a packet of information sent to the injured worker explaining his obligations under the Virginia Workers’ Compensation Statute. Here is a copy of the form that your employer would be sending to the Commission. first-report-of-injury

New Forms from the Virginia Workers' Compensation Commission

Monday, December 22nd, 2008

Effective for all accidents occurring after October 1, 2008, the Virginia Workers Compensation Commission has issued new forms which should be filed in various instances. The Virginia Workers’ Compensation Commission is in the process of computerizing its claims processing in order to bring in line with other states which allow the filing and access to claim documents online. Attached is the new claim form which must be filed by the injured employee within two years of the date of injury.   claim-for-benefits

Fairfax Workers' Comp Lawyers – Fairfax Workers Comp Accidents

Thursday, December 18th, 2008

Fairfax County is one of the largest counties in terms of  population in the Commonwealth of Virginia. While it is not known as a center of manufacturing, it is a huge business center which supports the population of of Northern Virginia. As a result of the congestion and constant development, work accidents occur with some frequency. According to the Virginia Workers’ Compensation Commission, 4,264 workers’ compensation claims were filed in 2007. This total represented over 8% of all claims filed statewide. More claims were filed as a result of Fairfax work accidents than any other county in the Commonwealth of Virginia.

Of those 4,264 workers injured in Fairfax County, 1,595 received awards of compensation from the Virginia Workers’ Compensation Commission. Those 1,595 workers received at total of  $34,012,020 in compensation benefits.

In 2007, 1,129 Injured workers in Fairfax County received a total of $14,426,249 in medical benefits to pay doctor, hospital and rehabilitation expenses.

Workers’ Compensation Insurance Companies are keenly aware of the costs associated with a workers’ compensation accident, and will do their best to pay the minimum amount possible to an injured worker. When you were hired for your job, getting injured was not part of the bargain. Once your hurt on the job, you need to fight to get the benefits you deserve. At the Barrera Law Firm, PLLC, we handle Workers’ Compensation claims on a daily basis. We are licensed to practice before the Workers’ Compensation Commissions of Virginia, Maryland and Washington, D.C. Call us today for a free consultation.

$50,000 Virginia Workers' Compensation Settlement – Spondylolisthesis L5-S1

Monday, December 15th, 2008

In 2006, out client was working for a demolition company and trying to carry a 300 pound iron bar when he tripped and fell, injuring his back. During the course of his medical treatment, it was discovered that the injured worker suffered from Spondylolisthesis at L5-S1.  There was no prior history of any back problems or medical treatment of the back. After a final series of epidural injections, the neurosurgeon made a recommendation of surgery for the lingering  back pain. As our client refused to consider a surgery, we were able to settle this case for a lump sum of $50,000. It should be noted that the Virginia Workers’ Compensation Act has no provision to compensate the injured worker for a permanent injury to his/her back. As a result the value of back claims in Virginia are based, in part, upon an evaluation of the cost of future care.  As a result, in any serious back injury case it is a good idea to hire an experienced workers’ compensation lawyer.

$188,000 Virginia Workers' Compensation Settlement – Death

Monday, December 15th, 2008

A maintenance man at an apartment complex was tragically killed when he was assisting in an eviction of a resident. This gentleman’s widow hired us to represent her in connection with the death benefits available under the Virignia Workers’ Compensatiion Act. The Virginia Workers’ Compensation statute provides for a maximum 500 week benefit for a death claim when the surviving family members are totally dependent upon the decedent. After calculating the the present value of the 500 week benefit, we were able to obtain a lump sum settlement for the widow of $188,000.

$67,000 Settlement when Backhoe hits client -Foot injury

Monday, December 15th, 2008

Our client was working in College Park, Maryland as a construction site when a backhoe ran hit our client and ran over his foot. As a result of the injury, the client required an open reduction internal fixation surgery to his ankle which require the placement of plates and screws. As this was a Maryland work accident, the client received his Workers’ Compensation benefits, and maintained a third party action against the responsible party in Federal Court. It should be noted that had this case happened in Virginia, out client would have been unable to pursue his third party lawsuit as The Virginia Workers’ Compensation Act generally prohibits lawsuits against “Statutory Fellow Employees>

$42,000 Virginia Auto Accident Settlement- Rear End Accident

Monday, December 15th, 2008

A young woman was a passenger in a car which was rear-ended in Alexandria, Virginia. The force of the impact caused the car to be propelled through the intersection and into a fence. Our client suffered soft tissue injuries  The accident happened while our client was working for a cleaning company and going from one job site to the next. As a result, the accident was also covered by the Virginia Workers’ Compensation Act, which paid out client 66 2/3% of her wages and 100% of her medical bills. All told, our client incurred 12,408.81 in medical bills, which after negotiations amounted in a final offer $42,000. The ability to claim wages and medical treatment as part of the Workers’ Compensation claim allowed the client to maintain her standard of living while she received her medical treatment.