When an injured worker settles her 3rd party liability (negligence lawsuit), but the state workers compensation claim remains open (unsettled), it is often described as thought the WC insurance carrier gets a “holiday” from having to pay for any further benefits, until such time as the disabled employee uses up their “NET RECOVERY” from the…
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While the benefits available under the Virginia Workers Compensation law are limited to: weekly checks, medical benefits, and certain out-of-pocket expenses, this third group can be quite meaningful for injured workers and their families. Doug Landau had a case that he inherited from another lawyer (who is deceased), where prior counsel had never sought mileage,…
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Under Virginia Workers comp law, the injured worker has the burden of proof to show that they are actively and reasonably taking steps to find light duty employment after a workplace injury. Just like a victim injured in a car crash, an injured worker in Virginia must show that they took reasonable action to “mitigate…
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Truck Crashes May Lead To Lawsuits AND Workers’ Comp Claims for Injured Trucker AND Disabled Victim Truck crashes, and workers’ comp and negligence law: even just one simple motor vehicle accident can give rise to a variety of situations. A commercial truck on a mission for work crashes into a motorist. In such scenarios there…
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When an employee of a subcontractor does work for another contractor, the Virginia Workers Compensation Commission may view the arrangement as that of a “borrowed servant” or “loaned employee” and make the supervising company pay comp benefits. In a recently reported case, the injured worker’s $1,400,000 Award was affirmed by the Full Commission on appeal.…
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