Reston area disability and injury lawyer Doug Landau is asked: If Virginia does not allow benefits for a permanent injury to the neck, back or spine, what can an injured worker do if their spine, neck or back have been damaged ?

February 12, 2009

Doug Landau

Unlike other states, the Virginia Workers Compensation law does not include Awards for permanent injury to every part of an injured worker’s body. An employee hurt on the job in a compensable accident can get a permanency Award for a permanent injury to the thumb. The doctor may give a large rating to the thumb as the result of an on the job dog attack, if the animal bite caused nerve, muscle or orthopedic damage, and a smaller rating to the hand and even to the arm, if it is also affected. The doctor looks for loss of:

1. Strength,
2. Range of Motion & flexibility,
3. Sensation, and
4. Pain.

When the injury is to the back, neck or spine, Virginia does not have a “Schedule of Loss” for those important parts of the body. So, the doctor may give a percentage rating to the worker’s neck, but the Workers Compensation judge will Award NO BENEFITS. The way that “Super Lawyer” Doug Landau of ABRAMS LANDAU wins these cases is by presenting evidence of the injury’s effect on parts of the body that are ratable. The Herndon Workers Comp lawyer has won cases for clients who have ratings to their lumbar spine, thoracic spine and cervical spine, even though these body parts are not on the “Virginia Schedule.” By working with the treating doctors, Landau has been able to successfully present the objective medical evidence required by the workers comp judges. Plus, he has won permanent injury Awards for scarring to the back, neck and spine, as discussed in more detail in tomorrow’s post.