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 ?”

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.

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 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

The following safety checklist from the Rocky Rural Electrification Association (”RREA”) came across electrical injury lawyer Doug Landau’s desk recently.  The RREA provides complete Power Distribution services to its members. Their Safety Checklist includes the following considerations:

1. Are all trees in the yard free and clear from overhead power lines?
2. Are your farmyard buildings located the following recommended distances away from power lines: Barns-at least 30 feet(9 metres), House-at least 50 feet (15 metres), Bale and haystacks-at least 30 feet (9 metres), Granaries-at least 30 feet (9 metres)
3. Are your propane and fuel tanks located at least 30 feet (9 metres) away from the power lines?
4. Are worn or frayed extension cords thrown away?
5. When you work outdoors do you locate ladders so they will never contact utility wires?
6. Are overhead wires in the farmyard area and those neat field entrances high enough to adequately clear machinery?
7. Do you always lower grain augers and cultivator wings before going under power lines?
8. Have you had overhead lines relocated underground to avoid contact with high vehicles in the farmyard?
9. Are outside outlets weatherproof and installed with ground fault circuit interrupters?
10. Are all electrical appliances and power tools used around the farm CSA approved?
11. Do you unplug tools and equipment that are not being used?
12. Do all outlets have three pronged receptacles to provide proper grounding of electrical tools and appliances?
13. Are fuses and switches labeled properly to prevent confusion in an emergency?
14. Do family members and all hired farm workers know where and how to disconnect power in case of an electrical emergency?
15. Do family members and all hired farm workers know first aid for electrical shock and burns?

If you, or someone you know, has been injured in an electrical system or on the job electrification accident, please e-mail or call us at ABRAMS LANDAU (703-796-9555)

Extra caution is required when working at heights around electric power lines

Keeping your distance from overhead power lines can turn out to be a matter of life and death, warns electrocution and electrification injury lawyer Doug Landau.  Overhead power lines are “live” and uninsulated.  Inadvertent contact with an overhead power line can cause a serious permanent or even fatal injuries.  Landau has represented families who have lost loved ones when bucket trucks have accidentally touched power lines; when rescuers have touched metal parted of “electrified” construction equipment; and, where electrical wires were mis-labeled, causing permanent burns, scars and disability.

In order to protect yourself, your family, neighbors and those who visit and work on your property you might want to start by taking an inventory of all the power lines in your yard and along the road to your property.  Make it a habit to look up before you begin any outdoor job. Maintain safe clearances at all times. See tomorrow’s post with a SAFETY CHECKLIST .

Herndon and Sterling Virginia lawyer Douglas Landau notes that the Workers Compensation Commission requires consistent Marketing for light work by injured workers even in a "down economy."

According to Herndon and Sterling Virginia workers compensation lawyer Doug Landau, marketing residual physical abilities is critical to the receipt of benefits after a “light duty work” release.  However, many ABRAMS LANDAU clients suggest that this is an exercise in futility in light of recent economic trends.

The Herndon Connection newspaper article by Julia O’Donahue’s 12/15/2009 at p.11, noted Fairfax County’s unemployment rate reached 4.7 percent in September, approximately 1.8 percent higher than it was during the same month a year earlier.  During August, the number of jobs in Northern Virginia declined by 13,000, approximately 1 percent, overall. It was the region’s 10th straight month of job losses, though Northern Virginia still has the lowest jobless rate in the Commonwealth, at 4.9 percent overall. In September, Virginia, with the fifth lowest unemployment rate in the county, was 6.6 percent.  While Fairfax’s economy remains strong when compared to other parts of the country, the county’s jobless rate never exceeded four percent during its previous two economic downturns, according to budget documents. Fairfax County unemployment insurance claims also increased 116 percent from July 2008 to July 2009.

Lawyer Landau maintains that despite these dismal economic numbers, injured workers must still show regular, recorded efforts of marketing.  Failure to demonstrate consistent efforts to look for selective duty employment can result in a suspension or termination of weekly wage loss benefits.  If you or someone you know has been injured at work and has questions about marketing, light duty work obligations or their weekly wage loss benefits, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.