Landau Injury Law

Virginia and DC Workers Compensation lawyer Doug Landau suggests disabled workers and their families: get counsel, get the claim filed and get under the protection of an Award, even if they are getting comp benefits already

Virginia workers comp lawyer Doug Landau is often asked this question.  The short answer is, “NO.”  Comp insurance companies may voluntarily pay for medical care or lost wages, and it seems as though they do so for commendable reasons.  However, Warrenton, Bristow and Vint Hill workers compensation lawyer Landau has seen too many cases where the insurance company cut off benefits after getting a taped statement; a favorable medical report; a nurse’s suggestion; a private investigator’s report; videotape; or word from their lawyers that the time limit has run out against the injured worker’s claim.  Filing an accident report with the employer or insurer is not sufficient; the claim MUST be timely filed with the Virginia Workers Compensation Commission (”VWCC”).

This is why it is so important to the ABRAMS LANDAU workers comp trial team to get the claim properly filed and an AWARD entered in Virginia.  An AWARD is a Court Order, from the Virginia Workers Compensation Commission that sets forth the “who, what, where, etc.” and calls for the payments of wage loss and other kinds of compensation benefits, including medical care.  It does not matter if the worker has sustained a brain injury, a herniated disc in their spine that paralyzes them or has been killed.  The “clock” starts running immediately.  Even those job accidents that involve car or truck crashes or other potential “third party liability” claims, the disabled worker must still file with the VWCC.  When there is no AWARD, there is no requirement that the Insurance company or the employer do anything for the disabled worker or a deceased employee’s grieving family and dependents.  That is one reason why, in work accident cases where there is lengthy disability from work, surgery, permanent injury and/or death, experienced legal counsel should be retained immediately.  The Insurance Company has lawyers on retainer and present at every Hearing; so should you!  Just because you may have received some of wage loss money or gotten some medical bills paid, you should still retain an experienced workers comp lawyer to help you.  You cannot rely on the insurance company, employer or their agents to protect you.  They are in the business of making money (or saving their money), not being “Mr. Nice Guy.”

If you or someone you know has been injured or killed in an on the job accident, even if they are getting some workers comp benefits, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

“PICC” (or “PIC line”) is a form of intravenous (”IV”) access that can be used for a prolonged period of time (i.e., extended antibiotic therapy).  However, what most people don’t know is that these lines can also cause significant damage to nerves if not inserted and removed properly.

Warrenton and Fauquier County dog attack injury lawyer Doug Landau has recently been consulted in a case involving precisely this type of damage.  A Warrenton Virginia area client was attacked by dogs when he arrived at a residence to do repair work.  The trained attack dogs came at him without provocation, and he was bitten in his dominant hand.  The would became septic, and the injured worker was admitted to the Fauquier Hospital for treatment and IV antibiotic therapy.  The infection was treated, but when the PICC line was removed, he had tingling, weakness and pain in his upper extremity on the non-dominant side.    This has left the client with bouts of pain, loss of feeling at different points and an inability to get a full night’s restful sleep.  He also cannot make a tight grip or oppose fingers as he had been accustomed prior to the attack and he workers compensation insurance company is withholding benefits and authorization for further medical care.

Any person suffering similar symptoms should immediately contact a doctor.  They should also document all of their symptoms and communicate these to their doctor and other health care providers.  The longer a patient waits to address these symptoms the greater the risk of permanent injury.  If you or someone you know has been injured in an on the job accident or dog attack and would like our assistance, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

The Occupational Safety and Health Administration (”OSHA”) is investigating the death of a SeaWorld Orlando killer whale trainer.  An autopsy showed that the veteran sea mammal trainer likely died of multiple traumatic injuries and drowning, according to the Orange County Medical Examiner.  How the park handled previous whale attacks will also be a part of the OSHA investigation.

According to news accounts, this whale had been associated with two prior fatal attacks.  In this latest attack, the orca dragged the trainer to her death underwater in front of horrified spectators.  Sea World workers described to the press how the killer whale dragged the aquarium trainer by her hair with his massive jaws and teeth and would not let go.  The frenzy of the fatal attack shocked onlookers and begs the question, “If this animal had been involved in two prior fatalities, what additional safety measures were taken to protect the Sea World employees ?”

In light of grosing evidence of susceptibility to increased brain injury after initial head trauma, the Pentagon is instituting new protocols for soldiers who may have suffered from traumatic brain injury (”TBI”).  Troops caught near a roadside blast or in related vehicle crashes will be pulled out of combat for 24 hours and checked for a mild traumatic brain injury.  This will be the case even if the soldiers appear unhurt or say they are fine, according to a treatment policy the Pentagon is planning to release.  Because the brain is at greater risk for permanent injury right after such head trauma, giving thee soldiers time to recover, heal and get help is a smart move according to Herndon and Reston brain injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.

“The sooner you’re able to treat somebody and get it right, the higher the probability you’ll reduce the long-term impacts (of brain injury). So speed is really important here,” according to Admiral Mullen, chairman of the Joint Chiefs of Staff, who pushed hard for the policy change.  The policy change stems from growing concerns that troops suffer mild traumatic brain injuries (TBI) in combat – or more than one – and they go undetected, Mullen told USA TODAY. “We need to treat … more quickly and then we need to keep track of people,” he said.  The new policy is a major expansion of battlefield medicine because it treats troops based on what happened to them, not just visible wounds, said Air Force Col. Jaffee, director of the Defense and Veterans Brain Injury Center.  For the rest of the USA Today story.

Slip and fall and trip and fall cases are not limited to injuries on dry land according to Alexandria, Fairfax and Leesburg injury lawyer Doug Landau.  In a recent case out of South Florida, the injured plaintiff was on a cruise ship at the time of the fall.   The plaintiff fitness instructor  alleged he was injured when he slipped and fell on a wet floor at a cruise ship spa

According to the premises liability lawsuit, the 42-year-old fitness instructor who worked for Miami-based Steiner Transocean, sustained a back injury and became incontinent and impotent as a result of the fall in 2006.  The case was tried in Miami-Dade Circuit Court.  Plaintiff’s counsel told the newspaper that the verdict included damages for economic losses, medical expenses and past and future pain and suffering. The South Florida jury awarded $9.5 million.  The defendant Steiner Transocean, which operated the spa on Norwegian Cruise Line’s Norwegian Crown, filed papers seeking a new trial or a reduction of the jury award.  Miami-based Norwegian Cruise Line previously settled out of court.  There are special rules and time deadlines for bringing claims on cruise ships and for injuries that occur on “the high seas.” If you or someone you know has been injured on a cruise ship or other ocean going vessel, please seek legal counsel at once.

Having represented workers who have had limbs mangled in industrial mixers and families of those who have lost their lives in giant food vats, Ashburn and Reston area injury lawyer Doug Landau has seen first and the devastation these gigantic machines can cause innocent victims.  In one case, the Herndon based ABRAMS LANDAU law firm was able to secure compensation for a food service worker at Reagan National Airport whose hand and arm was mangled in the blades of a frozen yogurt machine.  In another case, the Landau Law Shop was called upon by the family of a worker who died in an industrial meat grinding machine.  In both cases, when the workers became entrapped in the food processing equipment, there was no way for them to shut off the machinery.

Recently, Herndon disability and injury lawyer Doug Landau was apprised of two companies that were fined after a worker died in a vat of chocolate.  Landau, who is licensed in New Jersey, came across the Insurance Journal report of two chocolate processing companies in Camden, New Jersey that had been fined for safety violations following the death of an employee who fell into a giant vat of chocolate in July.  The U.S. Department of Labor’s Occupational Safety and Health Administration cited Lyons & Sons Inc. and Cocoa Services LP with a total of 12 serious citations.

One worker died in July after he was hit by a paddle used to mix chocolate.  OSHA said there were improper safety precautions at the facility and that a first-aid program was not in place.  Fines for the two companies total more than $39,000.  A city judge had already levied a fine for operating a business without a license.  Safety precautions Doug Landau has advocated for in the past include “kill switches” that turn off food processing machines and other industrial equipment when the operator is in trouble.  Likewise, dangerous machines need to be designed so that they automatically shut down when the operator is not depressing the power button.  Lastly, machines should not be designed so that the employer can override the safety precautions or remove safety guards.

One of the most terrifying experiences is  being chased by a pit bull, or several pit bulls.  These vicious dogs are often trained to attack and cause permanent disabling injury.  As a child, dog bite injury lawyer Doug Landau was warned by his neighbors that their pit bulls were bred by the Romans to fight lions in the coliseum, and that their strong jaws and teeth could rip into the jugular veins of their enemies.   As an adult, the Chantilly canine attack lawyer saw firsthand how devastating dog bite injuries can be to his clients and friends.  The staff at ABRAMS LANDAU has seen how the emotional scarring can last long after the physical wounds have healed.  How does one safely avoid the deep, penetrating wounds that often result from a put bull and other large dog attacks ?

According to Daniel Estep of the The National Animal Control Association’s training academy,

• “If the dog is 50 yards away and starts after you, if you can escape somewhere – inside a building. or on top of your car, or jump a fence – then that’s probably the best thing to do.  If the dog iis closer than that, then that’s not a good idea.  In a footrace, you’re going to lose.  The January Esquire Magazine piece continues,

• If the attack is imminent, try to shove something in its mouth, hopefully not a body part.
• If you’ve got a briefcase or clipboard or even a coat, shove that at the dog.  Most of the time, dogs are going to bite the first thing they get their teeth around.  And then you can try to walk your way out of the situation.
• If that’s not possible, feed him your nondominant arm.  Arm, not hand.  And let him grab onto that and try to get yourself out of the situation.  The last thing you want to have happen is to be taken off your feet, because then it’s much more difficult to protect yourself from serious injuries.
• If you get brought down, the best advice is to curl up into a ball and try to protect your belly and chest area.  Cover your neck with your hands and loop your arm around so that it covers your face.  When people roll up into this position and don’t move, oftentimes the dogs lose interest.”

If you or someone you know has been injured in pit bull or other dog or animal attack, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Carpal tunnel, cubital tunnel and cumulative trauma lawyer Doug Landau notes the difficulties in these cases

Cumulative injury cases and Carpal Tunnel claims present difficulties in court because there is usually no sudden, identifiable accident that trial counsel can show the finder of fact.  While the firm has been successful with repetitive trauma claims and carpal tunnel cases, Culpeper injury lawyer Doug Landau has also helped those disabled from sudden injury that results in carpal tunnel syndrome.

In one case, a landscaping worker was struck when a sapling snapped back from a chipper and struck the ABRAMS LANDAU client in the forearm, and carpal tunnel developed.  In another Virginia Workers Compensation claim, a driver’s wrists were hyperextended, resulting in this disabling condition and surgical repair.  In the Landau Law Shop’s negligence and liability cases, hand injuries in car crashes can result in carpal tunnel and compensation for this painful upper extremity diagnosis.  Review of the medical history is very important in these kinds of cases, whether the permanent wrist or forearm injury is from a slip and fall or other traumatic event.  If you or someone you know has been injured in a workplace or car crash where a sudden impact or trauma has resulted in carpal tunnel syndrome or similar diagnosis, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Reston area injury lawyer Doug Landau is often asked, “What is a premises liability case ?”

Premises Liability Lawyer Doug Landau under Dallas International Airport artwork

The author of several hundred pages of the best-selling Lexis Nexis 3 volume set, “Premises Liability: Practice and Procedure,” explains that when a building’s design, upkeep or use causes injury, the injured victim can bring a premises liability claim for their injuries and losses.  This is true whether it is a slip and fall, falling roof shingles, loose steps, tripping cases and even faulty doors, elevators and escalators.  Premises liability is the liability for a landowner or property management company for certain torts that occur on the real property.  In many states, a judge will give the jury an instruction at the end of the case, when all the evidence has been submitted for their consideration, that goes something like this:

• a landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.

If the landowner or occupier created the dangerous condition or let it exist for a sufficiently long time, they may be liable to the injured person for the damages caused by their negligence.  If you or someone you know has been injured in a slip and fall, trip and fall or other accident caused by a dangerous building or structure, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

While the ABRAMS LANDAU team prepares every case for trial, our success in Mediation, Arbitration and other forms of “Alternative Dispute Resolution” has resulted in Herndon disability and injury lawyer Doug Landau being asked to write, speak and teach for the State and National trial lawyer associations.  Landau teaches for the “non-profit” organizations committed to helping innocent victims and disabled persons and their families.  Landau is not paid for teaching, writing or lecturing for these groups.  This was his second major article in 2009 for TRIAL magazine, a peer-reviewed journal sent to judges, lawyers and schools around the world.  Herndon’s injury and disability lawyer has been contributing articles to TRIAL since the 1980s.

In addition, Landau was also a presenter at the American Association for Justice’s (AAJ) 2010 winter convention.  The topics discussed at the “Litigation at Sunrise” session, included:

• *Birth Defects Suffered by Children Whose Parents Are Exposed to Chemicals Used in “Clean Rooms” — Frank Verderame, AZ
• Pool Safety: Drain Entrapment — Dennis M. Lynch, IL
• How I Learned to Relax and Love Mediation — Douglas K.W. Landau, VA

If you have questions about Mediation, Arbitration and other forms of “Alternative Dispute Resolution,” please contact us at ABRAMS LANDAU, Ltd., 703-796-9555