Landau Injury Law

A new law on the books introduced in the Senate on Dec. 18, 2007 and signed by the President on December 29, 2007 is going to have significant impact on how the workers’ compensation system operates in the future concerning Medicare Secondary Payer (MSP) issues.

As reported by National Workers Comp expert and fellow WILG member John Gelman in the workers compensation blogspot (http://workers-compensation.blogspot.com/2008/01/cms-hammers-work-comp-carriers-with.html), “for years it has been a dirty little secret in the Workers’ Compensation Industry that the insurance carriers were shifting the medical liability from themselves to Medicare. (more…)

In addition to a lot of bar memberships, Doug pays a lot of dues and gives a lot of time to groups that may not be familiar to you. He does not join these organizations simply to “pad the resume.” He belongs because he believes that “it is important to combine forces so that injured and disabled clients and their families have a voice in the legislature, in the press and in the public forum.“

Herndon Trial Lawyer Doug Landau is a member of a number of organizations that support and lobby for injured workers’ rights, such as the American Association for Justice (AAJ); the Trial Lawyers for Public Justice (TLPJ); the Virginia Trial Lawyers Association (VTLA); and, WILG, the Workers Injury Law & Advocacy Group.
 While it is not a requirement to being included in “The Best Lawyers in America” or being one of the handful of “Super Lawyers,” Landau feels that it is important that trial lawyers and workers compensation claimants’ representatives support the groups that are effectively looking out for the workers and their families. Too many lawyers who claim they are for “the little guy” do not belong to these groups and do not support victims’ rights organizations with their time, effort or money. Virginia Trial Lawyer Doug Landau says that these pretenders, “Talk the talk, but they don’t walk the walk. There are plenty of well-funded lobbies and special interests groups that do the bidding of the insurance industry and the large corporations. But most people do not think that they will be the victims of a workplace accident or disabled due to some dangerous product or negligent person” (more…)

Why, after working for law firms in New York City, Miami, London, and Washington, D.C. did Doug Landau pick the present building in Herndon, Virginia ?In a word, Location.There are 3 International Airports less than an hour away !!! Since the Abrams Landau office is only 10 minutes from Dulles International Airport (”IAD”); 25 miles from National Airport next to Washington, D.C. (”DCA”); and less than an hour from Baltimore-Washington International Airport (”BWI”), clients can (and do !) easily get to our office from all over the world.Mr. Landau also uses the private airports in Leesburg, Manassas, Virginia and also Gaithersurg, Maryland to fly to smaller cities that do not have regular commercial jet service. Though he has been called a “Super Lawyer,” Herndon attorney Doug Landau cannot just jump into a phone booth and then fly to his clients’ rescue ! Instead, in those cases where commercial service is not available or efficient, this Virginia Trial Lawyer hires a pilot and aircraft, so that he can spend the time needed to investigate a claim, try a case or visit with clients. Selected as one of “The Best Lawyers in America,” Landau has flown privately to such places as: Bluefield, Princeton, Warm Springs and Charleston, West Virginia; Raleigh-Durham, Research Triangle Park, Lumberton and Greensboro, North Carolina; Orange, New York State; Tri-Cities, Tennessee; and, Danville, Lebanon, Grundy, Martinsville, Roanoke, Hot Springs, Norfolk, Williamsburg, Covington, Virginia !The Landau Law Shop is less than a mile from the “Dulles Toll Road” which is a direct East-West roadway from D.C. with dedicated lanes to the Airport. There is also Amtrak Train service, with the Metroliner and high speed “ACELA” trains able to take clients from New York City to DC (city center to city center) in half the time it takes to drive I-95 ! Super Lawyer Doug Landau and his staff find that being near the Nation’s Capitol has many advantages, including efficient mass and rapid transit systems. Landau Law Shop clients and counsel have been known to go sightseeing and visiting the National Monuments, Museums and branches of government when they are in town..

On December 17th, 2007, the Virginia Workers Compensation Commission (”VWCC”)  rejected a settlement Petition for the compromise settlement of a Landau Law Shop comp client’s case.

Workers Comp Legal Assistant Dianna Meredith advised the Commission’s Claims Examiner that the settlement documents submitted by insurance defense counsel contained a “BLANKET RELEASE.” This experienced Abrams Landau workers compensation team member pointed out that such BLANKET RELEASES not only end the comp claim, but also extinguish any other legal rights the client might have against the employer, insurer or others involved in the file. Herndon Trial Lawyer Doug Landau explains that this would include defamation, wrongful termination, intentional infliction of emotional distress, sexual assault, slander, battery, etc. The Commission did not process the papers drafted and submitted by insurance defense counsel. Rather, a corrected Petition and Order for Compromise Settlement were required. Shortly after the corrected paperwork was signed and submitted, the VWCC endorsed the Order for the payment of the settlement to Abrams Landau, Ltd.’s deserving client.

Virginia Trial Lawyer Doug Landau once again points out the importance of READING every document BEFORE SIGNING. He also reminds his clients and their families that “two heads are better than one.” Having a family member read over important documents is always a good idea. You do not have to be one of “The Best Lawyers in America” to understand this common sense approach to client protection. By having a member of the Landau Law Shop Team, “Super Lawyer” Doug Landau as well as a family member review important papers before signing, we hope to prevent insurance companies from sneaking in harmful language or “pulling a fast one.”

REMEMBER: Workers Comp Settlements are NOT always approved. The Virginia Workers Compensation Commission approves compromise settlements when they find the agreement to be in the best interests of the claimant (of their estate). This is for the injured worker (and their family’s) protection. Nevertheless, it is important to read papers BEFORE SIGNING.

The Virginia Workers Compensation Commission is interested in comments on a pamphlet it has drafted for dissemination to injured workers by health care facilities.  You can view the draft at http://www.vwc.state.va.us/ombud.htm on the bottom of the page.  Please let Herndon Trial Lawyer Doug Landau and the Workers Compensation team at ABRAMS LANDAU, Ltd. know what you think of this pamplet.  

Super Lawyer Doug Landau believes that having this available at doctors’ offices, (more…)