“Compensable Consequences” Of An On The Job Accident Are Not Always Covered (part 2 of 2)
Virginia Workers Compensation law and modern medicine are sometimes at odds when it comes to covering complex injuries or post-op complications, according to multistate airport injury lawyer Doug Landau
Not every condition that flows from a workplace accident is considered “compensable” under Virginia law, even if your doctor, nurse, surgeon and physical therapist all agree that it is causally related ! “Sometimes there are complications after surgery or during occupational therapy, and the original airport injury is made worse or harder to treat,” points our airline accident lawyer Doug Landau. “We used to be able to win the primary, secondary and even tertiary and quaternary injuries or complications.” Now, however, the Virginia Workers Compensation Commission has cut back on coverage, even where the treating health care providers agree that the root cause was the on the job accident.
In a recent case where a client was bitten by an attack security dog while on the job, Landau was able to win the disputed case. The Herndon Virginia workplace injury lawyer demonstrated that the right hand injury was due to the dog attack, as there was a bit of canine tooth surgically removed from his client’s hand. Lawyer Landau was able to win benefits for the disabled client, as the infection and PICC line for antibiotics (and lengthy hospital stay) were due to the ensuing infection, as animal bites cause saliva be introduced into the victim’s bloodstream.
However, after several weeks the infection was defeated and the intravenous PICC Line was removed, the patient experienced nerve damage to his left arm. The Virginia Workers Compensation Commission ruled that the left arm injury, though supported by the treating neurological specialist, was NOT compensable and benefits were denied. The victim was later able to settle his lawsuit against the dog owner/trainer and get reimbursed for harms and losses not covered under the Virginia Workers Compensation Award. If you or someone you know or care for has been injured as the result of an on the job accident AND it was the result of an aircraft, car, luggage tug, 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.