In Virginia those accidents which occur both on the job and have a resulting personal injury case are some of the most complicated claims to pursue. This is because the Virginia Code provides for an interaction between these two cases. Let’s look at an example: In Virginia, if you are driving while working and have a car accident, you may have a compensable workers compensation claim. You may also have a personal injury case against the driver that caused the accident.
If you have an injury on the job in Virginia you have a claim for workers’ compensation benefits. The Virginia Workers’ Compensation Commission is the court for anyone who has an on the job injury and has a worker’s compensation claim in Virginia. The Compensation Commission operates in the form of “Award Orders.”
When I’m not giving my all to help injured workers fight against a system that is stacked against them, I find great joy in coaching my eight year old son’s sports teams. In fact, I have coached so many seasons and different sports that most of the parents of my son’s friends have taken to calling me “Coach Davis.” I kind of like that name and figured it’d be a good reference point for my series of tips and commentaries for injured workers and attorneys.
In workers’ compensation cases, doctors are not focused on the way an injured workers’ job was actually performed. A doctor’s note stating the injured worker is at “full duty” might not be a true full duty release. Injured workers should make sure the doctor knows the full extent of how their jobs were actually performed, and is not relying on an incomplete job description or the doctor’s assumptions about how a certain job is done.
Following a work accident, injured workers are predictably in need of prompt medical attention and income. This is typically a vulnerable time for injured workers, and it is unfortunately also a time that is filled with unreturned telephone calls from insurance companies, leaving the worker with many unanswered questions. In the event that the insurance company does call, they will likely ask for a recorded statement.
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