After another successful Hearing before the Virginia Workers Compensation Commission, Herndon comp lawyer Doug Landau is shown, with his laptop, in the foyer of the Fairfax, Northern Virginia Regional Office, where he often meets with clients and their families, before and after their “day in court”
Several weeks ago, we wrote about the idea of warranties on joint replacements. The truth is, they are rare.
But, like any other device or appliance, joint replacements can fail after “installation”. They are vulnerable to unseen defects and/or design problems that may not have been revealed during the product’s initial testing. For example, in July of last year, Stryker (a producer of surgical implants) recalled its Rejuvenate® Hip Stem and ABG II® Modular Hip Stem devices. These devices, used in hip replacements, could deteriorate in the femur. Stryker took responsibility for the defect, offering to pay for examination, testing, and treatment (including revision surgery) for any affected patient (read more).
Herndon workers compensation attorney Doug Landau considers an interesting situation:
Consider a disabled worker who requires a joint replacement after a workplace-related injury or condition. Because it is work-related, workers compensation pays for the surgery and all related treatment.
Now consider what would happen if the joint implanted into the worker was recalled, requiring costly revision surgery. This, too, would be covered under workers comp.
BUT, suppose the device manufacturer, as was the case with Stryker above, will pay for all treatment related to the defective implant.
Can the worker collect both?
No, says lawyer Landau. “If the patient’s surgery was paid by the workers comp policy and subsequently reimbursed by the device manufacturer, the patient will have to repay the comp claim. After all, there is no such thing as a free lunch — twice!”
If you or someone you know has had a joint replacement which is causing medical problems and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555). We work with nationally recognized experts who have experience with these challenging cases.
If you have been injured at work and want to collect workers’ compensation benefits, you must file a claim with the Workers’ Compensation Commission (WCC) within two years from the date of your accident, unless the Commission has already entered an Award. In the case of occupational disease, you must file within two years of when the doctor tells you you have a work-related disease.
Contrary to popular belief, simply filing a claim with your employer or your insurance company is not enough!
You must file with the WCC to protect your rights under the Workers’ Compensation Act.
How Do You File a Claim with Virginia WCC?
Complete the WCC Claim for Benefits which is available on the WCC website. If you cannot access the form, you may also send a letter to the Commission which includes the following information:
- Name, address, phone number of the Injured Worker
- Name, address, phone number of the Employer
- Date of Injury (or for disease, date the doctor informed you of a work-related disease or illness)
- Body parts injured
- Signature of Injured Worker
Mail the Claim Form or your letter to:
Virginia Workers’ Compensation Commission
1000 DMV Drive
Richmond, VA 23220
How Do You File for Additional WC Benefits?
If you have already received an Award, but it has ended, and you are seeking additional benefits, you must file a claim for the additional benefits with the WCC. You may lose your right to some or all of the additional benefits if you do not pay attention to the time deadlines. Contact WCC for more information.
If you or someone you know has been injured in an on-the-job incident and there are questions as to what laws apply, call or email Virginia workers’ compensation law firm Abrams Landau, Ltd. at once (703-796-9555).
Late last summer a child’s foot got caught in an escalator at a Macy’s in New Jersey, causing the girl to lose two toes, and undergo multiple surgeries and months of rehabilitation. The family of the girl, who was shopping with her mother when she was injured, recently filed a lawsuit against Macy’s seeking $10 million in damages.
Herndon injury lawyer Doug Landau remembers all too well when his own father, Norman Landau, tried and won a similar case involving a boy whose foot was swallowed by an escalator at Shea Stadium. In another landmark case, Otis Elevator paid over $3 million in damages for a boy injured on one of its escalators in China in 2007.
Both of these prior cases pointed to the importance of appropriate safety standards and inspections in keeping the public safe.
Is Macy’s liable for the girl’s injuries in this most recent case? Read the rest of this entry »
Sometimes a treating doctor or surgeon will not agree to testify in court, and in fact will not have anything to do with a patient’s injury case.
Clients of the Herndon law firm Abrams Landau, Ltd. ask what can they do when their own doctors do not want to be bothered. In some cases a treating doctor will demand thousands of dollars to testify, attend a deposition, or even write a written report.
Since the injured victim always has the burden of proof to show the nature and extent of the harms and losses, expert medical testimony is vital.
Herndon Virginia injury lawyer Doug Landau advises clients in these circumstances that there are other options.
- While the U.S. Constitution forbids involuntary servitude, such that a doctor cannot be forced to give an opinion or testimony, physicians and other healthcare providers can be subpoenaed as fact witnesses — much like an eyewitness to a car crash or dog bite attack.
- Hiring a paid expert witness is another way to obtain medical testimony in a case. In order to keep the costs down of going this route, Landau counsels disabled clients that a reviewing physician, independent examiner, or other expert witness will be questioned in a deposition, but will not necessarily be retained for trial.
- If the treating doctor, family physician, or surgeon refuses to participate in a trial, then Landau has over the years taken many videotaped depositions for later presentation to the jury. While Landau prefers live testimony of the actual treating doctors, videotaped depositions, along with the appropriate visual aids and medical illustrations, have their place and purpose.
- In major cases, the Abrams Landau trial team will retain a medical expert to evaluate and examine the patient, along with his or her medical records and films. That medical doctor can then testify at trial as to his or her findings, opinions, and explanations of the medical terminology.
- Another solution is to have a no prescription viagra non-examining doctor perform a medical records review of the films and records i.e., x-rays, MRI, CT scan, pet scan, etc. and then testify based upon that limited information.
- Abrams Landau’s Herndon injury trial team has also used nurses, PhD’s, and other experts to explain medical conditions, anatomy, and the usual customary charges for medical treatment.
If you, or someone you care for, has been injured through no fault of their own, and there are questions about their doctors’ assistance in their case or claim, call or email Abrams Landau, Ltd. (703-796-9555).
Virginia reclaimed the Number 1 spot on the Forbes.com list of Best States for Business. Virginia was number 2 for the years 2010, 2011, and 2012.
Why has the Commonwealth moved back to the top?
If you ask Herndon injury lawyer Doug Landau, Virginia earned its rank as the best state for business because it is so cheap to do business! A friendly regulatory environment (per Forbes.com: “strong incentive viagra canada offerings and business-friendly government policies”) translates to low comp rates, no real union presence or advocates for labor rights, an eviscerated Department of Occupational Safety and Health Administration (OSHA) , etc.
There can be somewhat of a disconnect between being good for businesses and being good for the “little guy.” What responsibility does a state have to its citizens (i.e., workers and employees), and how does that compare to the state’s need to attract and retain businesses for the benefit of the local economy?
These are difficult questions.
According to a Herndon Patch article, “Virginia placed first in regulatory environment; second in labor supply; fourth in quality of life; fifth in economic climate, 17th in growth prospects and 22nd in business costs”.
Doug Landau (r) gives high marks to fellow attorney Jonathan McGrady (l) (at the 2013 Virginia Trial Lawyers Association Annual Convention in viagra online pharmacy Williamsburg)
November 5, 2013 is election day. Voters in the Commonwealth of Virginia will be electing a new governor, lieutenant governor, attorney general, sheriff, and representatives for the Virginia House of Delegates.
Herndon lawyer Doug Landau is frequently asked his opinion about other lawyers. People want to know, “Is lawyer ‘X’ or ‘Y’ any good ?”
Unless Landau has seen that lawyer “in action” in court; is familiar with his/her work; or has worked or learned from him/her, he is reluctant to answer. However, when he does know of a lawyer personally, he is not shy about sharing his thoughts.
That is why Landau is pleased to recommend Jonathan McGrady, candidate for the Virginia House of Delegates in Carroll County, VA.
“Jonathon McGrady is an excellent lawyer, loving husband and father, and is an excellent choice for the Virginia House of Delegates. He knows his way around the court room, has helped ABRAMS LANDAU clients from Virginia and North Carolina, and has a history of working hard to help citizens of the Commonwealth. A smart, young, enthusiastic and trained legal expert would be a wonderful addition to our Virginia legislature. I hope you will support Jonathon in his election bid.”
Landau believes voting is a responsibility of all citizens. Please go out to the polls on November 5!
What if you are disabled and unable to work?
You would file for Social Security Disability Income (SSDI) benefits. Sounds simple enough.
Now let us consider another – more complicated – question.
What if there was a treatment for your disability which would allow you to work, BUT you cannot afford that treatment?
Can your SSDI claim be denied based on the fact that, with treatment, you could work?
Consider this case:
A young man had a below-the-knee amputation over 15 years ago, and began using a prosthetic leg that same year. He used that same artificial limb for several years, before it began cracking and causing his stump to bleed when worn for more than 30 minutes at a time. The man is unable to get around on one leg. However, he cannot afford a new limb and there are no assistance programs available to him for reduced or free repair or replacement of the limb. Modifications to the device itself have been tried, but to no avail.
When filing for SSDI, the Administrative Law Judge (ALJ), the medical expert (ME), and even the prosthetic provider, testified that the man cannot ambulate properly with his current prosthetic leg, and that he needs a new one. Furthermore, all agree that with a new leg, the claimant would be able to get around easily and, therefore could secure a job.
The question is then, can the man’s SSDI claim be denied based on the fact that, with treatment (which he cannot afford), he could work?
No, according to Virginia Social Security lawyer Doug Landau. Landau’s opinion is based on rulings in two prior cases:
- “The medicine or treatment an indigent person cannot afford is no more a cure for his condition than if it had never been discovered.” [McKnight v. Sullivan, 927 F.2d 241 (6th Cir. 1990) which adopted the 5th Circuit rule in Lovelace v. Bowen, 813 F.2d 55 (5thCir. 1987)]
- A claimant may not be penalized for failing to seek treatment she cannot afford; “[i]t flies in the face of the patent purposes of the Social Security Act to deny benefits to someone because he is too poor to obtain medical treatment that may help him.” [Gordon v. Schweiker, 725 F.2d 231, 237 (4th Cir.1984). Lovejoy v. Heckler, 790 F.2d 1114, 1117 (4th Cir. 1986)]
If you or someone you know are disabled and unable to work, and there are questions as to what laws apply, email or cialis online canadian pharmacy call Abrams Landau, Ltd. at once (703-796-9555).
Is it best to settle cialis without prescription an injury case the morning of the trial? Or is it better to settle right after the lawsuit has been filed?
The best time to settle may be earlier than you think.
One reason is the expense.
Typically, an enormous investment takes place in a case before it ever comes before a jury.
In other words, if an injured victim can settle a car crash or dog bite attack case for $100,000 well before trial, that may be a better result than a $110,000 verdict at trial. Herndon injury lawyer Doug Landau notes this is because by the time a case gets to trial, money has been spent for doctors, exhibits, subpoenas for witnesses, and other litigation costs.
The accounting department at Landau’s firm, Abrams Landau, Ltd., has seen an increase in the amounts of money charged by treating doctors and surgeons for their testimony, since the practitioners know their testimony is required in nearly every single personal injury case throughout the United States.
Furthermore as the doctors, engineering, and other experts are paid well in advance, these monies are not refundable, and represent the majority of the pretrial expenditures.
Another reason is the time value of money.
A tax-free, lump sum now, is of more value to an injured client, than slightly additional funds a year or more down the road.
Bottom line, it costs thousands of dollars to properly try a permanent injury or long-term disability case in any court on the East Coast. For that reason, the earlier may be the better when it comes to settling.
“Although we are ready, willing and able to try cases throughout the East Coast — and invest money in these trials — it is sometimes in our clients’ best interest to settle before the case is submitted to the jury,” notes Landau.
If you or someone you care for, have been injured through no fault of your own, and have questions about the right time to settle the claim, please contact us at Abrams Landau at once via email or phone (703-796-9555). There are strict legal time limits for injury and disability cases. An offer from the insurance company will not stop the clock to give you more time.
Should my lawyer understand the laws in multiple jurisdictions?
Judges sharing the latest developments in the law at a meeting of the DC Trial Lawyers Association held at the University Club in Washington, D.C. Doug Landau looks forward to these programs where some of the best lawyers in DC, Virginia and Maryland get together to share ideas and improve their abilities to help injured and disabled clients
If you live in the Washington, DC metropolitan area, the answer is Yes!
Since Washington, DC and Virginia are so close to one another, and many people work in one place and live in the other, it is not uncommon to see cases involving citizens of the District of Columbia (DC), with Virginia injury claims, or residents of the Commonwealth with cases arising in the nation’s capital.
Experienced injury lawyer Doug Landau, of the Herndon law firm Abrams Landau, Ltd., has observed that knowing the differences in the capital area laws has enabled his team to maximize Read the rest of this entry »
A fatal fall from the building located at 950 Herndon Parkway has taken the life of a Maryland roofer. A joint investigation with a Compliance Safety and Health Officer from The Department of Labor and Industry and the Herndon Police Department’s Criminal Investigations Section determined that the victim, Pablo Aquino of Hyattsville, lost his footing and fell off the four-story building, according to the report in the Herndon Patch The injured worker was part of a crew hired to replace the building’s roof. Herndon Police as well as Fairfax County Fire and Rescue crews responded to the scene. They performed CPR on Aquino and transported him to a nearby hospital, but Aquino died from his injuries.
According to Herndon workplace injury lawyer Doug Landau, there may be a Virginia and/or Maryland workers compensation claim for the canadian pharmacy cialis dependents of this young roofer if it is determined to be an accidental injury by accident. Landau adds that he has not seen significant investigations by Virginia O.S.H.A., which has been under-staffed and had its budget cut. ”At the Herndon law firm ABRAMS LANDAU, Ltd., we have seen the tragic consequences of falls from roofs and scaffolds. Families are left without the major breadwinner, and transportation and burial expenses can break the bank. Funerals, especially when the remains are transported to a foreign country, can be frighteningly expensive. Workers comp benefits are limited, even in fatality cases. It is important to get an experienced comp lawyer who actually tries fatal work accident cases so that the appropriate benefits are paid,” Landau added.