Even if the claimant’s doctor has not released him/her to go back to work, Doug Landau counsels his clients to put effort into job searching that may fit their current restrictions.   If they do not find employment, there is at least a written record of their efforts as evidence that the injured worker is not malingering, but would seriously like to work.  Waiting for the employer to accept the claimant back to work is not necessarily the best result for the claimant.  ABRAMS LANDAU clients who have sustained permanent arm, leg or head injuries may not ever be able to go back to their old jobs.  BUT, there are other, easier, “light duty jobs,” that they can do.  The Virginia Workers Compensation Commission sometimes calls these jobs “selective duty positions.”  Whether the injured worker has had a broken leg or a brain injury, the Commission will often look to see what efforts they have made to look for light work that they CAN do.  Failure to even look can serve as the basis for an insurance company terminating benefits.

            The recent case of  John Quinn Inc. v. Barry   is an example of what is expected and the law in Virginia.  At the time of his accident, an injured employee was working two jobs, one of which was a part-time job at Home Depot.   The claimant could not return to his pre-injury work with his primary employer or any with any manufacturing or construction position.  The claimant accepted a full-time position with Home Depot where his work activities were limited as a result of his injury.  The Virginia Court of Appeals overturned the Commission Award of TPD because the Court was not convinced that the claimant’s acceptance of the full-time position with Home Depot constituted adequate marketing of his residual capacity.  The Court determined that the claimant failed to meet his burden of proof. 

See: John Quinn Inc. v. Barry (Frank, J.)Virginia Court of Appeals No. 2229-07-2, July 15, 2008, Virginia Lawyers Weekly 008-7-333(UP),9pp 

Yes, possibly.  The first step in any workers compensation claim is to determine if you were injured “in the course and scope of employment.”  If you were injured on the job, the next step is to figure out how much your employer paid you every week.  Because many undocumented workers are paid “under the table,” or on a cash basis, proving how much your employer paid you every week may be difficult.  This is important because many of your compensation benefits depend on how much you were making before you got injured.   Your “average weekly wage” rate affects how much you get for lost wages, permanent injury to your body and the size of your settlement or Court Award.

Proving what your employer paid you in cash might be a difficult task, but with the help of the ABRAMS LANDAU team, the process can be smoother.  In order to prove how much employers have paid undocumented workers in the past, the ABRAMS LANDAU law firm in Herndon, Virginia has used a variety of successful techniques like examining bank deposit statements, receipts from remittances, eye witness accounts, and receipts from other money transfer services.  It is best to have is a “paper trail” of the payments you received.    

Additionally, the ABRAMS LANDAU team will help you factor whether you were provided uniforms, meals, lodging or transportation.  This usually increases the amount of money Herndon attorney Doug Landau gets for his clients.  Proving exactly how much the employer paid you every week will determine how much money you receive while you are not working-money that will help you and your family survive while you are recovering from your injuries.  

The Herndon - Reston of ABRAMS LANDAU, Ltd. has successfully settled another workers comp suicide case for a Florida family.  Using favorable Virginia case law and Doug Landau’s own winning decision in the Elliott case, this Bulgarian family was able to at last get some compensation for their tragic loss. 

In a similar ruling, the Nevada Supreme Court has ruled that the families of workers who commit suicide following an industrial accident can recover workers compensation benefits. The justices held that benefits may be payable if an on-the-job injury led to the rational impairment that resulted in suicide. The ruling revives a workers compensation claim filed by the widow of a man who shot himself after suffering a severe back injury at work.  AP, Las Vegas Review Journal  07/25/2008

Yes, possibly.  Although some day laborers may be unauthorized to work in the United States, in the event of a work related accident “arising out of and in the course and scope of employment,” an undocumented day laborer may collect workers’ compensation benefits.  In other words, the fact that the worker is in the United States illegally does not prevent him from seeking and collecting workers’ compensation benefits.  The workers’ compensation benefits may include payment of reasonable and related medical bills and two-thirds of the workers average weekly wage as well as payment for any permanent partial disability. 

            The team at ABRAMS LANDAU represents undocumented day laborers and helps them obtain the workers’ compensation benefits they deserve. Doug Landau represented Daniel Lopez, an undocumented day laborer picked up at a 7-11 store to do some carpentry work.  After being ordered to clean an aluminum gutter used to empty the cement from a cement truck, Daniel slipped and fell.  A chute fell on his right hand, breaking his finger

            The insurance company denied Daniel’s workers’ compensation claim.  They said he was not an employee.  The also said he was not legal and that he was not entitled to any benefits.  The ABRAMS LANDAU team fought to help him and took the case to court.  Even after the employer highlighted Daniel’s undocumented status at the Virginia Workers’ Compensation hearing, Doug Landau won Sr. Lopez’s claim.  The Workers Compensation judge awarded the injured worker his total wage loss benefits, his medical bills and certain out of pocket expenses.

            Although this case occurred in Virginia, undocumented day laborers in DC, MD and Virginia are protected by their state’s workers’ compensation laws.  If you are an undocumented day laborer and have a work related accident contact the ABRAMS LANDAU team  at 703-796-9555 (www.LandauInjuryLaw.com) to help you get your workers compensation benefits.    

A rash of broken baseball bats in big-league ballgames has some crying foul about the safety of players, coaches and fans. In one case, a woman at a Los Angeles Dodgers game was struck in the face with a piece of a broken bat and suffered a broken jaw. At least one batmaker says some companies are producing substandard bats that are more likely to shatter and endanger unsuspecting onlookers.  For more on this timely subject, read Jim Armstrong’s article in the Denver Post, 07/21/2008

More than half of all fall-related deaths by the elderly are caused by brain injuries.  This is according to the Center for Disease Control and Prevention (”CDC”) in a first-of-its-kind study. According to the CDC investigation, the severity of brain injuries resulting from falls may not be patently obvious, even to healthcare professionals. In other words, there may not be bleeding, swelling of the skull, bruising or other indicia of brain trauma or injury according to Herndon Reston area injury lawyer Doug Landau.  Data for the study were gathered from records of 16,000 deaths in which unintentional falls were determined to be an underlying cause of death.  For the rest of the article, see Mike Stobbe’s The Washington Post article dated 6/24/2008.

At Abrams Landau, Ltd., we have helped people injured while participating in Sports and Recreational Activities.  We were successful on behalf of a Fairfax, Virginia golf pro who was injured in a golf cart accident at a Maryland golf course.  Doug Landau noted that a 6/16/2008 New York Times piece recently revealed that the number of injuries caused by golf carts more than doubled between 1990 and 2006.   This data was taken from a study published in the July issue of The American Journal of Preventive Medicine says. According to researchers, nearly 150,000 people were hurt by golf carts during the period from 1990 to 2006, with many of those injuries resulting from falls. Researchers say the widening use of golf carts coupled with increased speed and lack of safety equipment are likely culprits for the rise in injuries.  In Mr. Landau’s golf pro injury case, the player was thrown from the cart when it was caused to tip over by recently poured paving material.  The article was by Eric Nagourney of The New York Times, 06/16/2008    

A Missouri judge has ordered several defendants to pay $7.25 million to a man who suffered severe injuries when he was attacked by a group of pit bulls in 2006. In the ruling, the judge found that the plaintiff was left with complex facial lacerations, extensive lacerations to his upper and lower extremities, and multisystem organ failure from the attack. An additional $300,000 was also awarded to Hill’s wife, as Missouri law allows for “loss of consortium” claims.  Herndon and Reston area trial lawyer Doug Landau points out that Virginia law does not allow for a spouse’s separate claim for this loss of sex, society and services.  However, there are other states that recognize this item of loss.  If you are the victim of an animal attack or have been bitten by a dog, you AND your spouse may have rights under the law of the state where the attack occurred.  Each state also has its own time deadlines that must be strictly followed.  Failure to stay within the time limits can lead to the termination of an otherwise meritorious dog attack case.  Kevin Hoffmann, Kansas City Star, 06/10/2008  

Businesses could save between $114,000 and $670,000 per claim by settling lawsuits early rather than mounting an extensive defense, a study of personal injury settlements has found. According to the study, which analyzed court settlements of personal injury and defective product injury cases against companies between 1988 and 2004 in Texas and Florida, early settlement offers reduce legal fees and non-economic damages. Doug Landau resolved several Florida cases for clients in the last year, and notes that there is a trend toward defense lawyers billing for depositions, written discovery, protracted motions and expert retention before there is any serious discussion of settlement.  Especially with the downturn in the economy, the insurance carriers are holding on to their reserves until the last possible moment. The of business cost savings study was published in the Columbia Business Law Review.  Sheri Qualters, Law.com  06/09/2008

Read Article: Law.com