Landau Injury Law

Getting a settlement in a permanent injury workers compensation case in Virginia can be very difficult.  There is no law that says that the workers comp insurance company EVER has to settle with the injured worker or their family, even if the claimant is permanently disabled.  This is true even if the disabled worker is receiving Social Security, retirement, Long Term Disability (“LTD”) benefits or even a pension due to an “early retirement” for “medical reasons.”

This can be very frustrating, as there are a number of very good reasons why an injured claimant (or the family in a fatal accident case) may want to settle a Virginia comp claim.  Litigating a comp claim over years, and even decades, (more…)

“Not fancy, just friendly,” is the saying at the Landau Law Shop.  We recognize that it is important to put people at ease.  To answer their questions.  If we cannot answer their tough questions, then we go to the places where we can get answers.

Herndon workers comp and injury case lawyer Doug Landau at the Bills Barbecue Richmond before meeting a client around the corner from the Virginia Workers Compensation Commission ("VWCC") headquarters

Doug Landau is not afraid to go to court.  The Herndon injury lawyer had hoped to visit the Virginia Workers Compensation Commission (“VWCC”) last week in order to look at the official file with a widow who was looking for answers.  Since the VWCC was closed, Doug Landau met with a client at the Bill’s Barbecue Restaurant around the corner from the Comp Commission’s DMV Drive Headquarters.  Landau has (more…)

Herndon lawyer Doug Landau during a Fredericksburg Virginia "pit stop" at a Route 3 Starbucks for a worker who was struck by a "distracted driver" in Fairfax County VA

The “Advanced Workers Compensation” meeting in Richmond was the reason for Virginia workers comp lawyer Doug Landau’s trip South on Friday, but in order to make his injured clients’ lives a little easier, he arranges to meet with them closer to home when possible.  Many clients find any kind of travel physically difficult because of their disability.  Because lawyer Landau travels up and down I-95, he is able to accommodate the needs of injured workers, their families and friends.  While his first choice is to meet at the “Landau Law Shop,” because it has all of the equipment, staff and technology the Herndon injury lawyer relies upon to successfully assist those who call upon ABRAMS LANDAU for help, he routinely meets clients at court, other law offices and even coffee shops, restaurants and sports venues !

In addition to meeting several injured workers on the way to the Virginia Capitol to participate with the best workers comp lawyers in the state, Landau also registered for the annual Richmond Marathon Weekend 8km. (5 mile) road race.  If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.  We can meet with you in our accessible buildings here in Herndon, or closer to you if you cannot travel.

To help injured employees and their families, experienced Virginia workers comp lawyers meet regularly to discuss recent cases, compare trial strategy and learn the latest advances in medical care for those disabled after on the job accidents.  Meetings with Virginia Workers Compensation Commission judges and lawyers from all over the Commonwealth further the exchange of ideas and suggestions for improving conditions for injured claimants. (more…)

Herndon Virginia workers comp lawyer Doug Landau shares consumer group concern over the proposed Medco and Express Scripts merger, as the new giant pharmacy benefits manager could restrict the access to new drugs and give even more control to Virginia workers compensation insurance companies over injured workers and their families

If a proposed merger between Medco Health Solutions, Inc. and Express Scripts takes place, consumer groups fear that patients’ choices would be restricted and costs of medicine would be increased.  The proposed merger of two of the three largest pharmacy-benefit managers (“PBMs”) is the subject of a U.S. House antitrust subcommittee hearing. The hearing will examine the merger’s likely effect on PBM competition and health-care costs.  Five consumer-advocacy groups sent a joint letter to the U.S. Federal Trade Commission.  The consumer groups are: Consumers Union—the publisher of Consumer Reports—as well as Consumer Federation of America, National Consumers League, U.S. Public Interest Research Groups and the National Legislative Association on Prescription Drug Prices.

The groups want the government to examine the merger’s likely effect on PBM competition and health-care costs according to the Wall Street Journal.  A combined Express Scripts-Medco would “substantially” reduce competition, giving the merged company an “incredible dominance” of the fast-growing specialty pharmacy market, according to the letter.  A merger could also (more…)

When workers are injured performing tasks their employers have trained them to do, the “safety net” of workers compensation is supposed to provide for their medical care, medications and a portion of their wage loss. This is especially true when they are on their employer’s premises helping co-workers save others from imminent harm. Courage in the face of a tornado’s 200 mph winds is something to be respected and honored. The EF-5 tornado that struck Joplin, Missouri was among the nation’s worst ever. It killed 162 people and destroyed more than 7,000 homes. A Joplin Social Worker’s heroic acts have resulted in permanent injuries, disability from work and a denial from the workers compensation insurance company. (more…)

Hellish road construction took on a new meaning when a tragic and unusual accident occurred at a local construction site. A local construction worker from Woodbrdge was crushed by an asphalt roller and died as a result of the injuries. The accident ensued after the operator of the roller lost control and ran his coworker over. The police determined there was no foul play and gave the investigation to the Virginia Department of Labor and Industry. The VDLL will take 6 months to determine if any fines or citations would be prudent. The construction company expressed its shock and sadness and have a full internal investigation going on as well.

If you have questions about workmans comp, roadwork or construction incidents please contact us at Landau Law Shop. We are also on Facebook now and would welcome your comments, suggestions and questions

Why is my car crash case worth less than my neighbors when we have the same amount of medical bills? Some cases may appear to be very similar at first glance but get awarded very differently.  Understandably many people can find this confusing. The courts look beyond just the dollar amount in making its’ decisions which will play as a major factor in a case.

The financial outcome of a case goes beyond just a number the court would decide to award.  Take for instance two people, Sarah from Sterling, VA and Johnny from Loudoun, VA.  Both were injured driving on Route 7 in a similar situation beyond their control and both incurred $30,000 worth of medical expenses.  Sarah’s expenses were incurred from massage, diagnostic testing (where the results are “within normal limits” or “negative”), homeopathic care and naturopathic medications.  Johnny’s bills, on the other hand, are from Emergency Room admission for 2 nights, positive findings on x-ray, MRI & other objective testing, surgery and scar revision.  Some 6 months later both are now fortunately in better condition but have now turned to the courts to aid them with their financial burden.

Sarah’s case is met with some difficultly as her treatment is viewed as “palliative care and diagnostic testing” which a jury can find as “usual & customary care, over treatment and utilization review.”  Johnny’s treatment is more traditional which initiated a more expansive discussion. Since there are not any other major factors and liability (fault) is not disputed then the difference in medical treatment is a large factor.
Typically, Sarah will receive a lower number than Johnny as her treatment was non-traditional.  Also, Sarah’s award will most likely be less than her medical bills.

It is important to receive the medical attention for a complete and speedy recovery, but the courts can vary how they view the treatment.  If you know of a similar situation and  are looking to pursue legal aid please contact The Herndon Law Shop in Virginia at 703-796-9555 or email us.

Tireless advocate for injured workers in the District of Columbia, Paulette Chapman, is running for DC Bar President.  I have seen her teach, her work product and her excellent results and she would be an effective DC Bar President.  She is an excellent trial lawyer with the DC office of Koonz, McKinney, Johnson & Lightfoot who represents individuals, not insurance companies.  She “walks the walk and talks the talk” and is a pretty good athlete as well !  (Biking and basketball).  Paulette has been President of the Women’s Bar Association of the District of Columbia and President of the Bar Association of the District of Columbia.  She is also active in the DC Trial Lawyers Association and the Association for Justice, where I see her regularly at our meetings, conventions and continuing legal education seminars.   For more information, click here.  I just received my ballot in the mail, and Online voting is now open at www.dcbar.org/elections until June 3.

Having just settled a case for a grocery store worker who lost two fingers to a motorized cutting blade at work, Herndon injury lawyer Doug Landau has helped many workers injured due to the lack of protective guards on saws.  The U.S. Consumer Product Safety Commission (“CPSC”) estimates there are an average of about 10 finger amputations a day, just from table saws used by consumers.  “The safety of table saws needs to be improved in a way that prevents school children in shop class and woodworkers from suffering these life-altering injuries,” CPSC Chairman Inez Tenenbaum told USA TODAY.

The head of the Consumer Product Safety Commission will call in the power-tool industry and the safety standards group to find out why more hasn’t been done to address the problem.  The CPSC estimates the cost to society of saw-related injuries is about $2 billion a year. (The industry has contested that figure in lawsuits.)  The companies face hundreds of lawsuits over injuries and at least 50 legal claims that a product called SawStop could have prevented the injuries. Last March, a jury awarded $1.5 million to a man who injured his fingers on a saw after plaintiff lawyers argued SawStop would have saved his hand.  If you or someone you care for has had fingers amputated or suffered injury as the result of a power saw accident, contact an experienced lawyer at once.  There are strict legal time limits to these claims, and valuable rights may be lost if the claim and its investigation are delayed.