While the benefits available under the Virginia Workers Compensation law are limited to: weekly checks, medical benefits, and certain out-of-pocket expenses, this third group can be quite meaningful for injured workers and their families. Doug Landau had a case that he inherited from another lawyer (who is deceased), where prior counsel had never sought mileage,…
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Under Virginia Workers comp law, the injured worker has the burden of proof to show that they are actively and reasonably taking steps to find light duty employment after a workplace injury. Just like a victim injured in a car crash, an injured worker in Virginia must show that they took reasonable action to “mitigate…
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When injured employee finally wins their Workers Compensation case, or the claim is accepted, do they get back the Sick Leave or Holiday pay that they used to survive economically while they were off work? The rule followed is to allow the injured worker to elect whether the employer is permitted to take a credit…
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Temporary Transitional Employment (“TTE”), otherwise known as “Alternative Modified Work, “is a trend that is gaining traction in the insurance industry. Under this scheme, the employer, their Workers Comp insurance company &/or their Third Party Administrator (“TPA”) make an offer to a disabled worker of light duty work that appears to be within their doctors’…
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Critical to making sure that you are recovering from surgery after a major injury at work is educating your doctors what you actually did at work. . Most medical doctors have gone through many years of schooling, and very few of them have done construction work or heavy manual labor. Herndon Worker’s Compensation Lawyer Doug…
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