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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Willful Violation of a known and enforced safety rule: Bad news for the injured worker The violation of a known and enforced safety rule by an employee often serves to cause an otherwise valid workplace injury claim to be denied by the Virginia Workers’ Compensation Commission. It does not matter how serious the injuries are;…
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Whose side are they on, anyway? After a workplace accident, an injured worker has enough to worry about, like paying for food, rent, utilities, gas, etc., without having to worry about whether nurse case managers, the insurance company, or employer assigned to his case are interfering, or worse, setting him up for denial or termination…
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Can I change jobs if I am hurt at work? Workers compensation laws can get complicated, and downright dizzying when trying to follow the variations from state to state. This is one of those questions we are asked fairly regularly. The short answer is, yes, but it depends. If you are out of work with…
Continue readingWhat 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…
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