What is light duty work? In order to receive Worker’s Compensation benefits when an injured worker is not totally disabled, they must show proof of several things: they must have a doctors note from an authorized treating physician, stating that they cannot go back to their pre-injury job. These are usually in the form of…
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How do you prove physical injury when judges, defense, lawyers, and adjusters ignore SUBJECTIVE complaints of pain and disability? The answer is objective evidence. Experienced Herndon Virginia injury lawyer Doug Landau notes that where there is OBJECTIVE proof of injury or deficit, insurance companies, and the lawyers are less able to defend against the claim.…
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When an injured worker settles her 3rd party liability (negligence lawsuit), but the state workers compensation claim remains open (unsettled), it is often described as thought the WC insurance carrier gets a “holiday” from having to pay for any further benefits, until such time as the disabled employee uses up their “NET RECOVERY” from the…
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While Doug Landau does not represent clients in the General District courts of Virginia, he has nevertheless “appeared” several times to introduce staff to the proceedings down the street. General District Courts are usually where Traffic Court is held, misdemeanor cases are tried, and even where Personal Injury cases are decided (with a jurisdiction limit…
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If I have two jobs, do I get worker’s compensation for both? Under Virginia Law, if a worker is injured at their main job at the airport, but also has a second job/side gig, the additional income may be included to calculate their pre-injury, average weekly wage to increase their compensation checks. The second job…
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