What happens when one injury causes another injury? What if you hurt one side of your body and then something goes wrong on the other side? And what the heck is a “compensable consequence?” We all know what is meant when someone tells us that they have injured their left leg and they are “favoring…
Continue readingThe Virginia Court of Appeals reviewed conflicting case law to decide whether a layoff would qualify an injured courthouse employee to workers compensation wage loss benefits. The facts of the case are that the claimant, who worked in a light-duty capacity on a courthouse custodial staff after a work-related injury, was laid off because her…
Continue readingCan I get a permanency rating before I get my hip, knee or shoulder replacement? The short answer is “yes.” Experienced workers compensation lawyer Doug Landau notes that if an injured worker had a leg amputation, even with a prosthetic device, they still have had a 100% loss of the limb. Therefore, they should get…
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Generally, in order to get wage loss benefits BEYOND the 500 week limit, a worker injured in the Commonwealth has to have lost 2 arms, 2 legs, 2 hands, 2 eyes, 2 feet, etc., in the same workplace accident. In a recent appeal to the Virginia Court of Appeals, an employer’s argument that the Virginia…
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Under the Virginia Workers Compensation law, an injured worker must be able to identify a particular movement, task or action that caused the onset of her symptoms. “Contrary to what most people think, not every single workplace injury is covered under this law,” according to workers injury lawyer Doug Landau. “If a worker is engaged in…
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