Landau Injury Law

In a word, “no.”  However, in those states that have the law known as “strict product liability,” the burden of proof is somewhat lower (= easier) than in states, like Virginia, that have not adopted the more modern view of product safety.  Basic strict liability product liability requires a look at a book called the “Restatement of Torts (2d) 402A.”  That section, “Special Liability of Seller of Product for Physical Harm to User or Consumer” states:

• One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
• The rule stated in Subsection (1) applies although: the seller has exercised all possible care in the preparation and sale of his product, and the user or consumer has not bought the product from or entered into any contractual relation with the seller.

In other words, even if the person who is injured by a defective product did not buy the product, the plaintiff can still bring a lawsuit for their losses.  Furthermore, as indicated above, suit can be brought against the seller, supplier and/or maker of the product.  This is true where, the supplier, seller or designer “has exercised all possible care,” as they have the greater ability to avoid injury to the ultimate consumer.  At ABRAMS LANDAU, we see cases from other states where this “Strict Product Liability” law is available.  Using this law, we can seek compensation for clients injured by defective products.  If you or anyone you know has been hurt by a defective product, give the team at ABRAMS LANDAU team a call.

Doug Landau hates waste. Anyone who has seen him around the office knows that he enjoys “multi-tasking.” It makes the Herndon Reston brain injury lawyer nuts when clients waste their time, effort or money. However, there is one type of waste that it particularly grating.

As the former Chair of the Association of Trial Lawyers of America Disability, Social Security and Health Law Section, Landau compared notes with lawyers from all over the country. The ABRAMS LANDAU trial lawyer saw that the interplay of Social Security and Workers Comp laws resulted in permanently disabled and unemployed clients not getting back the money they had paid into the Federal system. In other words, when an injured client is eligible for BOTH State Workers Comp wage loss benefits AND the Federal Social Security Disability Income (”SSDI”) benefits, the Federal Government, like many private Long Term Disability Insurance plans, takes a “set off” for the comp money. For example, if a client (more…)

Doug Landau shown here at the hearing room where oral argument for Reviews (appeals) are heard by the Full Commission. After a workers comp claim is heard in Virginia by a Deputy Commissioner, BOTH sides have the right to ask for a “review.” A Review is an appeal to the Full Commission where 3 Commissioners review the case to see if the judge below made a mistake of law. Herndon Reston trial attorney Doug Landau regularly goes down to Richmond to review files, meet with VWCC staff, file exhibits and evidence, and investigate claims.

Anyone who has seen Doug Landau teach, interact at the office or at Bar functions knows that the Herndon - Reston area trial lawyer does not stick to the somber, boring colors associated with his profession.  Landau notes that while it is important to dress conservatively for Court, around the office and on the podium, wearing colors is his rule, rather than the exception.

The ABRAMS LANDAU personal injury trial attorney is shown here with Mrs. Rasmussen at the VTLA Annual Convention.  Landau and his family had taken part in the charity fundraiser “Bowling for Bruce.”  This fun family fundrasing event was set up in memory of her late husband and Stalwart Virginia Trial Lawyer Bruce Rasmussen.  It was Bruce Rasmussen of the Michie, Hamlett, Rasmussen & Tweel firm in Charlottesville who got Doug Landau on the Annual Convention Committee and in charge of the sporting events, which now include: skeet shooting competition, running race, tennis round robin and golf tournament.  Bruce Rasmussen was also a frequent lecturer and contributer to VTLA, ATLA (now AAJ) and other victims rights and trial advocacy groups.  Bruce is missed by us all.  He was the consummate trial lawyer and a wonderful friend and mentor.

When a Hearing decision is received or a Settlement Order comes by Special Delivery, ABRAMS LANDAU staffers are often asked “When will I get the money ?”

The response is, “When the decision is final.”  That is because the staff at the Herndon and Reston area injury law firm knows that the insurance defense lawyers can appeal several weeks after the decision or Order are rendered.  In fact, they have additional time BEFORE late penalties are Awarded.  We are advised by the Commission that we must wait 34 days before they will entertain a request for 20% penalties to be assessed against the insurance company.  This is despite the “20 day” language in most contested Hearing decisions.  SO…save the envelope containing the checks, in order to prove late payment, BUT do not expect a check for 30 days or penalties to be assessed right away.

While the Virginia Workers Compensation Commission REQUIRES a valid address for injured workers in order to receive benefits, and failure to keep the Commission updated can lead to a termination of benefits, several clients each year fail to apprise the staff at ABRAMS LANDAU, Ltd. of their new addresses, phone numbers or medical status, saving the insurance companies hundreds of thousands of dollars each year !  While the insurance companies certainly appreciate not sending these clients the money they have in reserves on their claims, in nearly every case, the injured worker and their family could use the funds.  Several clients have let the time limits run on their claims despite correspondence, phone calls and, where available, e-mails from ABRAMS LANDAU staff to advise them of their rights and responsibilities.  Do not let the time run on your claim.  Follow you counsel’s instructions and act responsibly and in a timely manner.  The time limits in the law are strict.  If you want to give the insurance company a “present,” send a card.  And remember, they are not going to do the same for you.

Under Virginia law, undocumented workers are eligible for most, but not all benefits. What are they eligible to receive under the law ?

Herndon/Reston Trial lawyer Doug Landau lists the following as some of the benefits such ABRAMS LANDAU clients are able to receive:

1. Temporary Total Disability (weekly wage loss)
2. Permanent Partial Disability (for a permanent partial disability % rating)
3. Medical Bill coverage (100%, with no deductible or limit) (more…)

This just in on the Trial lawyers listServ from our friend Dick Thomas, esteemed Roanoke Virginia Workers Comp lawyer:

We just got a review opinion , written by Commissioner Dudley, reversing the deputy commissioner and awarding benefits. Claimant had a series of injuries over the years, and had bilateral degenerative disease of the hips. In 2003, he fell on his left hip, and the deputy commissioner ruled that the fall aggravated his preexisting degenerative disease. He then developed increased symptoms in the right hip, which his treating orthopedist at the time attributed to overuse from favoring the left hip. He then had a left hip replacement, covered under his award. Further problems with the right hip ensued, resulting in right hip replacement by a different surgeon. The original doctor failed to relate the right hip problem, and the treating surgeon refused to give an opinion.

The Defense was “consequence of a consequence,” and therefore NOT compensable. In other words, the defense lawyer contended that causation was TOO REMOTE and that the employer/carrier should not be held responsible any more. The trial judge (more…)

Herndon Reston area Workers Comp injury lawyer Doug Landau notes that since the Virginia Workers Compensation Commission (”VWC”) does not hold Hearings in Court houses as often as it did 20 years ago, it is important to know where you are going and that the place of your Hearing may not look like the local Court House.
If you can attend Hearings weeks before your own “day in court,” then you and your family and witnesses should absolutely do so.  Workers Comp Hearings are generally open to the public, and you will be far better prepared and less anxious.  Also look at your “Official Comp File” while you are there.  Call before you go to make sure they have your file is in Fairfax, as the headquarters is in Richmond, and that is where most VWC files are kept before and after Hearings.

Shown here is disability and workplace injury lawyer Doug Landau outside the Fairfax branch of the Northern Virginia Regional Office of the Virginia Workers Compensation Commission.  The lower picture shows ABRAMS LANDAU’s Doug Landau in the reception area, where he often meets clients, their families and co-workers before and after their Hearings.  On this particular day,  he had met with a family as the result of a fatal truck crash injury.  Landau also reviewed the official files on other clients’ cases involving: paraplegia from a farm tractor rollover, brain injury, spinal cord surgery, permanent disability, head trauma, scarring and multiple fractures.

Instead of taking longer, some states are trying to reduce the number of workers compensation claims waiting for settlement. Herndon trial lawyer Doug Landau received a copy of the Star Ledger article stating that, “The backlog of injured New Jerseyans whose workers compensation insurance settlements are hung up in a government review process has dropped by more than 1,000 since October, state Labor Department officials announced, crediting changes in state and federal procedures.” Since October, when 3,686 workers compensation case settlements were suspended pending a review by the federal agency that oversees Medicare, the number of suspended settlements has plunged to 2,677 this month, according to the director and chief judge of the state’s Division of Workers Compensation.

Thousands of injured workers, generally those over age 65, have been forced to wait a year or more for their workers compensation insurance settlements because the federal government has demanded the right to review the pending settlements. The federal government’s goal is to ensure that the recipients had not billed Medicare for medical treatment that should have been covered by their workers comp insurance. In other words, according to Doug Landau of ABRAMS LANDAU, Ltd., the “feds don’t want to be left holding the bag.” (more…)