In cases where our clients are severely brain injured, mentally impaired, physically incapable of caring for themselves or are minors, we consider utilizing a Special Needs Trust (SNT); particularly one that is a charitable Pooled trust like the one administered by Commonwealth Community Trust. This allows for the settlement money to be best protected and invested and also allows preservation of certain other claims to maximize the overall financial benefit to our clients . The podcast here explains the process and rationale for using such a SNT
A crush injury is caused when part or all of a worker’s body becomes pinned between two objects. These types of injuries are unfortunately very common in the construction industry. In fact, the Occupational Safety and Health Administration (OSHA) lists them among the top four causes of death for construction workers. Construction workers who are involved in crush accidents often face severe injuries and are unable to work for a period of time, if not permanently.
Anytime an injured workers’ medical condition or losses are serious or significant, a lawyer should be consulted. In order to have protection for benefits (even if voluntary payments of wages and medicals have been made by the employer to the claimant) you must have an “award order” entered by the Virginia Workers’ Compensation Commission.
We represent many injured workers who have serious and catastrophic injuries including paraplegics or quadriplegics or other folks who are very limited in handling their own ADLs (activities of daily living). They are in need of regular and ongoing help at home. Sometimes the home health care is provided by agreement with the employer/carrier with the assistance of nurses of certified nursing assistants. On other occasions the care is not provided by agreement and is provided by spouses or family members.
Our clients often ask whether the employer should pay for more than they are already paying for in a workers’ compensation claim. For better or worse, benefits that are available in a workers’ compensation claim are far less than a full remedy for the injuries and losses that our clients suffer.
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