One of the action items that makes the ABRAMS LANDAU injury team different than any other law firm in the country or even Commonwealth countries, is how thoroughly we prepare our clients, not just for the legal issues, but also emotionally and practically, for their workers’ compensation Hearings. For many clients, the idea of appearing in court can be intimidating. That is why we encourage doing a “road trip” or scouting trip well before their day in court.
Doug Landau teaching lawyers, adjusters, paralegals and judges at the Virginia Workers Compensation Commission’s annual education program at the Richmond Convention Center. Lawyer Landau had The Travelers Insurance Company’s VA & DC Senior Staff Counsel Amy Epstein present the employer’s perspective in their very popular A-V Continuing Legal Education presentation.
Experienced Herndon injury lawyer Doug Landau notes that: “We regularly help clients & their families visit the Virginia Workers’ Compensation Commission (VWC) location where their cases will be heard, observing another hearing or two if possible. Just being able to visualize the room, see how the judge interacts with other cases and witnesses, and understanding the flow of the Hearing can go a long way in reducing stress.
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We know of no other law firm in the country that does this. Sure, it takes more time, effort and money, but it helps clients and their families focus on what is important for the judges deciding their all important cases. Plus, most clients are shocked when they realize the Hearings are often not held in Court houses, but in office buildings (i.e., Fairfax, Manassas, etc.), Council Chambers (Warrenton, Herndon, Covington, etc.), and even public libraries (Lebanon). Clients who do not take advantage of our “scouting trips,” have wound up going to the Fairfax County Circuit Courthouse or the Prince William Judicial Center on the date of their Hearing and then coming in late to their own Workers Comp Hearing!”
Lawyer Landau adds, “We also go over what are the likely questions that you would be asked. Nearly every single hearing we have observed &/or handled, starts with these first 3 basic questions. If the injured worker cannot get over these first hurdles, the Hearing usually ends very quickly, with a very angry judge continuing the matter for a long time.”
The 3 Opening Questions You Will Likely Be Asked:
1. Please identify yourself. This is so the Workers Compensation Commission knows where to send the decision in the mail, and hopefully, so that the insurance company knows where to send the money!.
2. What is the nature of your claim? This is a straightforward description of what happened to you on the job and what kind of benefits you’re seeking.
3. What are the specific dates of disability you are claiming? You’ll need to know the start and (if applicable) end dates of when you were unable to work due to your injury.
Then What? Expect These 3 Follow-Up Topics
The Virginia Workers Compensation leadership team oversees the policies and procedures used by the trial level judges. “An active, inquisitive judge is a good sign, notes Doug Landau, because it means they are awake AND interested in your case!”
In addition to the first triad of initial items, the judge in your case will be interested in the following 3 items, and unlike any trials you may have seen on television, the movies, or in person, Workers Comp judges do frequently ask questions.
1. How are you doing today & what physical restrictions do you have as a result of the on-the-job injuries? This isn’t just small talk, it tells the judge how your injury is still impacting you.
2. What specific job related functions can you not presently perform that are necessary to do the work you did at your pre-injury job?Be prepared to describe things like lifting, heavy products, standing, for long periods of time climbing stairs, driving long distances, unloading trucks, gripping or grasping large items, reaching overhead, or anything else your job required before the injury.
3. What loss of strength, range of motion &/or sensation do you have in the affected body parts, as a result of the on-the-job injury?These objective signs help validate your ongoing disability, enable the judge to “see” the permanent effects and link it to the workplace injury.
Why This Matters
Most judges do not review your full file before your Hearing, as some lawyers submit excessive, irrelevant documentation. So when your case is called, the judge is often coming in fresh, and your ability to confidently and clearly present your story from the beginning can have a huge impact.
Other Words of Advice
Workers Comp Hearings for Prince William County are not heard in the Manassas Courthouse. They are held in an office building just of I-66 and Route 234! Making a “road trip” to see where your case will be heard, and actually observing several Hearings, will prepare you for your all important day in court.
At ABRAMS LANDAU, our goal is to make you feel prepared, not panicked. So in order to accomplish this, we schedule multiple prep appointments between the client, attorney Doug Landau and our experienced workers comp team members. These meetings are tailored to each case and can include practice for testimonies, cross examinations, and witnesses if any. These can be in person or video if clients are from out of town. We educate clients on the importance of clear, honest answers, and we always remind them not to volunteer extra information, as the judges have limited time for each case, and want to get to the important facts.
Furthermore, once the Hearing notice is officially issued by the Commission, our team checks it against our calendar to avoid conflicts with other Hearings, jury trials, Deposition, teaching schedule and/or travel. We immediately share the details with the client, making sure it is on their personal calendar too. It is extremely important that the clients are aware of when they have to be at the Hearing facility and do not double book themselves for the hearing date.
A bearded Doug Landau inside the Manassas, Virginia Workers Compensation Commission Hearing office. This is where judges hear cases from all over Prince William County. The Manassas office, along with the Fairfax facility, hear all of the cases in Northern Virginia.
Additionally, many Workers’ Comp hearings are now held remotely, by video conference. In these cases, we often invite clients to the office to sit beside lawyer Landau during the proceeding. This makes it easier to communicate quickly as clients can clarify points, use our facilities or talk during breaks. And yes, dress code still applies, so even if the Hearing is virtual, judges and opposing counsel will see you on screen, so professional attire is a must.
Finally, for our Spanish-speaking clients, we coordinate certified interpreters and ensure extra time is set aside to allow for accurate translation, as everyone deserves to be heard clearly and fully. There is NO cost for an interpreter at a Virginia Workers Compensation Hearing.
If you or someone you love has been injured on the job, don’t wait. Lawyer Doug Landau and the workplace injury team at ABRAMS LANDAU, Ltd. are committed to advocating for those injured while working, and ensuring they receive the care and compensation they need. Contact us today to get experienced legal help in personal injury cases.
