Settling Your Injury Case With the Airlines: “It Ain’t Over Until It’s Over”

Under Virginia Workers Comp law, either side can “walk away” from an agreed settlement, even where they shook on it and signed settlement paperwork !

You would think that after the Airlines Insurance Defense Lawyer and Adjuster shake your hand, the injured pilot’s hand and the Workers Compensation Judge’s hand that the settlement of the case was a “done deal.”  Especially where the Virginia Workers Compensation Commission (“VWC”) provides Mediators at the Richmond Headquarters to assist the parties in reaching a compromise settlement.  However, Doug Landau, of the Herndon Virginia law firm ABRAMS LANDAU found out that the airline can back out of a settlement even after its legal representative and insurance claims adjuster agree to settle a comp claim. In a case mediated in Richmond, the airlines did welch on a settlement agreement reached after hours of good faith negotiating.  While the Insurance Defense Lawyer and the Adjuster both agreed to the settlement with the VWC Mediator, the airline later countermanded their assent.

Since settlements are considered “voluntary compromises of workers compensation claims,” the VWC is powerless to enforce the agreement until the Final Order has been approved AND the appeals period has run.  SO, even where a comp settlement is reached and the paperwork signed buy the parties and approved by the judge, if the claimant dies two weeks later, the insurance company and/or employer can go back on the deal and there is nothing the Virginia Workers Compensation Commission could do about it. Doug Landau has had this very case, and it makes for a heart-breaking situation.  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 a car, 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.