Landau Injury Law

While a number of recent posts have covered somber topics, at Abrams Landau, Ltd., we do also celebrate accomplishments, accolades and other milestones. This Fall, both Beatrice Vargas (on left) and Lauren Holtzman (center) celebrated birthdays with Melissa (bookkeeping, on right) and the rest of the Herndon Reston area injury law firm team. Here the two women are shown enjoying their birthday cake in the always bustling LandauLawShop kitchen. The counter island was built by one of our Workers Comp clients after we successfully won and then settled his claim. Attorney Holtzman was instrumental in the recent policy-limits settlement of a car crash case that occurred less than a mile from our office. Mrs. Vargas was critical to the winning court decision and ultimate settlement of a workers compensation fatality claim for a family that lives in Mexico and North Carolina. Congratulations to both women on their success and hard work.

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.    

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.

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…)