The Virginia Workers’ Compensation (WC) Act allows an injured Virginia employee to file a WC claim with two years of a sudden on-the-job accident. This time limit is known as the “Statute of Limitations”. Sometimes, however, the WC insurance company may require notice within 30 days of an accident. Without notification within 30 days, the…
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“Sometimes the insurance company and the injured worker (or their family) cannot agree on how much must be paid back after the settlement of a third party bodily injury case,” according to Herndon Workers Comp and personal injury lawyer Doug Landau. A Virginia Circuit Court’s jurisdiction extends only to the point where it determines the…
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Many misgivings abound concerning what happens when an injured worker wins or settles their accident case. A recent question was, “In Maryland Workers Compensation (“WC”) claims where the disabled, brain-injured worker ALSO has a Bodily Injury (“BI”) case, the Workers Comp lien must be reduced by at least 1/3 when there is a BI recovery.” …
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Anyone who has been injured on the job and is collecting workers’ compensation (WC) benefits, sooner or later, will ask the question — how long can I stay on workers’ comp? In Virginia, weekly wage loss benefits can last up to 500 weeks — just shy of 10 years. In fatal accident cases, the deceased…
Continue readingIt is not terribly uncommon for a single case to result in both a workers’ compensation claim AND a personal injury claim. Consider the following example: A Virginia delivery driver is injured in an auto accident while driving a company-owned vehicle, and the accident is not his fault. The injured man’s hospital and medical bills,…
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