Workers' Compensation Resources
Workers’ Compensation Resources
Learn About Your Rights as a Victim of On-the-Job Injury
At Reinhardt | Harper | Davis, we are committed to helping our clients understand every detail of their case. Below, you can explore our resources about workers’ compensation.
Workers Compensation — General
Mediating a Workers’ Compensation Claim: Nuts, Bolts, Carrots & (Not Enough) Sticks
An attorney dutifully searching through a copy of The Virginia Workers’ Compensation Act Annotated as published by LexisNexis and sold by the Virginia Workers’ Compensation Commission (“the Commission”) would be unable to find a single reference to the team “mediation” either in the statutes and rules contained therein or even in the index.
Steele v. William A. Hazel, Inc.: Reeling in The Big One
Abraham Lincoln famously said, “A lawyer’s time and advice are his stock and trade.” In the context of contingency fee cases, a lawyer is not paid based on a measure of time expended but a percentage of the result achieved. For all of the bombast over the years suggesting that the Fourth Circuit Court of Appeals is a bastion of doctrinaire conservatism, a 2010 decision from the 4th Circuit provides a fierce defense of the sanctity of the contingency fee as a means of allowing clients with limited resources to obtain premium representative.
Attorneys’ Fees Under § 65.2-714 Under the VA Code
The Virginia Workers’ Compensation statute is designed to prevent lawsuits against employers and simultaneously provide specified benefits to workers’ compensation claimants for lost wages, medical benefits, permanent partial compensation, death benefits, and so forth.
Navigating a Workers’ Compensation Case in the Digital Age
As we are all aware, starting July 1, 2010, the Workers’ Compensation Commission officially began allowing us access to the Commission’s online case management system, Webfile. The Webfile system allows us: To view and manage our cases online, to track all files in which we are noted to be the attorney of record, to receive correspondence from the commission, immediate access to medical records that have been filed with the commission, and to keep track of scheduled hearings.
Are There Forum Shopping Opportunities for Virginia Workers’ Compensation Claims?
Under Virginia Code §65.2-702B, hearings are to be held “in the city or county where the injury occurred, or in a contiguous city or county, unless otherwise designated by the commission.” The result of this simple provision in the workers’ comp act is that for most cases there is very little wiggle room as to the location where cases are going to be scheduled and which deputy pool will potentially handle a particular case.
Temporary Partial Disability & Marketing Strategies: A Panel Discussion
The ability of our client to get temporary partial disability benefits is becoming increasingly more difficult. Both 2008 and 2009 were bad years for the claimant’s bar with Shenandoah Motors v. Smith, 53 Va. App. 375, 672 S.E.2d 127 (2009), and Ford Motor Co., v. Favinger, 725 Va. 83, 654 S.E.2d 575 (2008), creating significant impairments to the claimant’s ability to get ongoing temporary partial disability benefits.
Representing Undocumented Workers Under the Virginia Workers’ Compensation Act
The most recent estimates from the U.S. Bureau of Census and Pew Hispanic Center: As of 2006, there were 44.3 million Hispanics living in the U.S., an increase of more than 9 million since 2000.
What the General Practitioner Should Know About Workers’ Compensation
The easy answer to “how do I get paid?” is scarcely answered and only with considerable difficulty at times. If you think attorneys’ fees in workers’ compensation cases are just like personal injury cases… think again!
Attorneys’ Fees Under § 65.2-714 of the Virginia Code (Workers’ Comp)
The Virginia Workers’ Compensation statue is designed to prevent lawsuits against employers and simultaneously provide specified benefits to workers’ compensation claimants for lost wages, medical benefits, permanent partial compensation, death benefits, and so forth.
Workers’ Compensation Fraud from the Claimant’s Perspective
The topic of fraud in workers’ compensation is a constant drumbeat of workers’ compensation carriers in their ongoing attempt to campaign for legislative changes and increase policy premiums. In reality, the occurrence of claimant fraud is relatively rare in relation to the number of legitimate claims.
Compensation for Spousal Care of Injured Workers
In order for a spouse to be compensated for the care of their injured partner, they must meet a very strict four-part test, which requires: 1) that the employer knows of the medical need for home care; 2) the care is under the direction and control of the physician; 3) the care is of the type normally performed by nurses and trained medical attendants; and 4) that there is a means to determine the value of the services rendered.
What You Might Need to Know About Workers’ Compensation
When injured workers have a number of different cases running at the same time, it is important that attorneys know how these cases inter-relate. Do you know about the most important statutes of limitations that apply in work injury cases?
Overcoming the Willful Misconduct Defense
Purpose: Provides employers a defense to workers’ compensation claims where the injured employee’s injuries were caused by: 1) willful misconduct or self-inflicted injury; 2) attempt to injure another; 3) intoxication; 4) willful failure or refusal to use a safety appliance; 5) willful breach of any reasonable rule or regulation adopted by the employer and brought to the knowledge of the employee prior to the accident; 6) use of a nonprescribed controlled substance identified as such in Chapter 34.
So, You’re Not a Workers’ Compensation Lawyer
Over the years in representing a number of injured workers who have other related cases running at the same time, we are often called upon to advise other attorneys about the inter-relationship between the worker’s compensation laws and the laws involving the related cases.
Workers Compensation — Long Term Disability
Long-Term Disability Offsets & Workers’ Compensation Settlements – 2015
All of us who handle workers’ compensation claims on behalf of injured workers eventually have clients who have various other benefits that need to be considered when we are settling our client’s workers’ compensation cases. One of the more complex and troubling of these are benefits that our clients are receiving or could potentially receive under long-term disability policies.
Long-Term Disability Offsets & Workers’ Compensation Settlements – 2005
All of us who handle worker’s compensation claims on behalf of injured workers eventually have clients who have various other benefits that need to be considered when we are settling our client’s worker’s compensation cases. One of the more complex and troubling of these are benefits that our clients are receiving or could potentially receive under long term disability policies.
Workers Compensation — Medical
Medical & Vocational Rehabilitation for Health Care Providers
It could be said that the heart and soul of the workers’ compensation laws are contained in §65.2-603 of the Act (a copy of these provisions is at Exhibit 1 hereto). §65.2-603 outlines the obligation of the employer to furnish certain medical benefits and attention.
Medical Billing in Workers’ Compensation
The Workers’ Compensation Commission has exclusive jurisdiction over fees of healthcare providers treating workers’ compensation claimants pursuant to §65.2-714 of the Virginia Code (a copy of section 714 is at Exhibit 1 hereto). There are several requirements to an employer’s* responsibility for paying a bill.
Medical Bills & Attorney’s Fees Under §65.2-714 of The Virginia Code
The Workers’ Compensation Commission has exclusive jurisdiction over fees of healthcare providers treating workers’ compensation claimants pursuant to §65.2-714 of the Virginia Code Combustion Engineering, Inc. v. Lafon, 22 Va. App. 235, 468 S.E2d 698 (1996).
Medical Rehabilitation, Vocational Rehabilitation, & Medical Billing
It could be said that the heart and soul of the workers’ compensation laws are contained in §65.2-603 of the Act (a copy of these provisions is at Exhibit 1 hereto). §65.2-603 outlines the obligation of the employer to furnish certain medical benefits and attention.
Workers Compensation — Medicare
Medicare Liens
We have often found, as claimant’s counsel, that our perspective varies in a number of respects from defense counsel and insurance companies, in regard to MSA’s in workers’ compensation settlements. Obviously, our motivations are different, but there are also a number of details that we need to be concerned about for our clients’ interest that the defense and insurance carrier do not have in mind.
Tips from Workers’ Comp Lawyers with Experience in CMS/Medicare Set Asides
The purpose of this article is to share our experiences with CMS (The Center for Medicare/Medicaid Services) from the standpoint of workers’ compensation claimant attorneys for the benefit of personal injury attorneys who are about to embark on a new journey.
Combined Workers’ Compensation and Personal Injury Cases
The Nature Boy’s Tips to Grappling with the Work Comp Lien and Body Slamming the PI Investigation
We start from the premise that when there is an underlying workers’ compensation (“work comp”) claim in a personal injury case (aka the “combined case”), there should be two simple yet abiding goals: (1) avoiding malpractice, and (2) maximizing recovery for your client. These two goals are generally aligned although the potential exists for them to be or to become divergent under certain circumstances.
How to Address Workers’ Comp Issues When Settling a Personal Injury Case
Whenever a person is involved in an accident while working, caused by the negligence of a third party, that person may have both a personal injury claim against the third party and a workers’ compensation claim. The interaction of these two benefits and the pitfalls of handling those claims are issues that every personal injury attorney needs to address.
How the Law of “Statutory Employer” Relates to Personal Injury & Workers’ Compensation Laws as Both a Sword and a Shield
The statutory employer provision of the Virginia Workers’ Compensation Act, Virginia Code §65.2-302, has essentially created a framework where it can either be used as a sword or as a shield. It is used as a sword in the context of workers’ compensation to find the injured workers some available workers’ compensation coverage. It is used as a shield in the context of personal injury litigation to prevent the injured worker from bringing a personal injury claim against certain potential defendants.
What Every Personal Injury Lawyer Should Know About Workers’ Compensation/Occupational Diseases
Occupational diseases have been recognized as part of the Workers’ Compensation Act since 1944. Prior to that time, only “injury by accident” cases were considered compensable. The initial inclusion of occupational diseases was by way of specific schedule. In 1969, a General Assembly advisory report recommended the elimination of the schedule because the schedule was likely to have the effect of eliminating diseases not listed.
Avoiding the Pitfalls — Workers’ Compensation Rules You Need to Know for Your Personal Injury Practice
It is widely recognized that personal injury cases can have significantly more financial value to the injured person than a worker’s compensation claim. The personal injury claimant can make claim for a wide variety of damages, including pain, suffering, inconvenience, etc. On the other hand, the worker’s compensation claimant is limited to specified types of claims and damages, which do not include pain, suffering, and inconvenience.
Contractors, Sub-Contractors, & Statutory Employees
Virginia Code §65.2-600 requires that notice of the accident be given in writing by the injured employee immediately on the occurrence of an accident or as soon as thereafter is practicable. 65.2-600 (c) states that knowledge on the part of the employee, his agent, or representative is a sufficient substitute for written notice.
How to Address Workers’ Comp Issues When Settling a Personal Injury Case – 2007
Whenever a person is involved in an accident while working that is caused by the negligence of a third party, that person may have both a personal injury claim against the third party and a workers’ compensation claim. The interaction of these two claims and the pitfalls of handling them together are issues that every personal injury attorney needs to address.
Addressing Workers’ Comp Issues When Settling a Personal Injury Claim
A “combined case” is a case that involved both a personal injury case (or “third-party claim”) and an underlying workers’ compensation claim. We start from the premise that when handling a combined case, there are twin goals: (1) avoiding malpractice, and (2) maximizing recovery for your client. These two goals are generally aligned, although the potential exists for them to deviate under certain circumstances.
Multistate Workers’ Compensation
Multistate Workers’ Compensation Issues for Delaware & Updates from WILG
Most workers’ compensation attorneys who represent injured employees encounter, to a greater or lesser degree, cases having multistate implications, and therefore presenting conflict-of-law questions. Endless factual complications can be present. In this article, we will share how the state of Delaware statutes and cases have addressed these challenges.
Multistate Workers’ Compensation Issues for Ohio & Updates from WILG
Most workers’ compensation attorneys who represent injured employees encounter, to a greater or lesser degree, cases having multistate implications, and therefore presenting conflict-of-law questions. Endless factual complications can be present. In this article, we will share how the state of Ohio statutes and cases have addressed these challenges.
Multistate Workers’ Compensation Issues for New Hampshire & Updates from WILG
Most workers’ compensation attorneys who represent injured employees encounter, to a greater or lesser degree, cases having multistate implications, and therefore presenting conflict-of-law questions. Endless factual complications can be present. In this article, we will share how the state of New Hampshire statutes and cases have addressed these challenges.
Multistate Workers’ Compensation Issues for Michigan & Updates from WILG
Most workers’ compensation attorneys who represent injured employees encounter, to a greater or lesser degree, cases having multistate implications, and therefore presenting conflict-of-law questions. Endless factual complications can be present. In this article, we will share how the state of Michigan statutes and cases have addressed these challenges.
Comparison of NC/VA Laws. Update on AMA Guides and State Workers’ Compensation Hearings. WILG Updates
Unlike North Carolina, attorneys’ fees are compensated at a maximum of 20% of the settlement or benefits awarded to the injured worker and/or 15% of a permanent partial disability award. Some compensation may also be awarded for payment of disputed medical bills. However, that award is either negotiated or ordered against healthcare providers or health insurance companies after unpaid bills are covered.
North Carolina Law on Multistate Workers’ Compensation Issues
In a previous article, we discussed how various states address the pertinent issues that arise when a workers’ compensation claim involves more than one jurisdiction. The purpose of this article is to address how the state of North Carolina statutes and cases have addressed those issues.
Virginia Law on Multistate Issues
In a previous article, we discussed how various states address the pertinent issues that arise when a workers’ compensation claim involves more than one jurisdiction. The purpose of this article is to address how the state of Virginia statutes and cases have addressed those issues.
A Few Thoughts on the Florida Battle in the Context of Other Laws Placing Restrictions on Attorney’s Fees and Access to Justice
There is an ongoing battle in Florida over the constitutionality of restrictions on attorneys’ fees. I will defer to the Florida experts on this topic. But I will mention briefly a few of the key moments in the battle.
Conflicts of Law: Handling Workers’ Compensation Claims Involving Multiple Jurisdictions – 2007
It is important to be familiar with the typical requirements for any state to exercise jurisdiction over a claim. It should also be apparent that there are a number of cases that could be filed in one of several states, or it could be that certain portions of a claim might be pursued in one state while another portion of the claim is pursued in another state.
Conflicts of Law: Handling Workers’ Compensation Claims Involving Multiple Jurisdictions – 2006
It is important to be familiar with the typical requirements for any state to exercise jurisdiction over a claim. It should also be apparent that there are a number of cases that could be filed in one of several states, or it could be that certain portions of a claim might be pursued in one state while another portion of the claim is pursued in another state.
Conflicts of Law: Handling Workers’ Compensation Claims Involving Multiple Jurisdictions – May 2006
It is important to be familiar with the typical requirements for any state to exercise jurisdiction over a claim. It should also be apparent that there are a number of cases that could be filed in one of several states, or it could be that certain portions of a claim might be pursued in one state while another portion of the claim is pursued in another state.