The test for a Workers's Compensation Injury in Virginia has two components. It must occur "during the course" of the employment. And it must "arise out of" the employment. Thus, a sexual assault during work would definitely meet the first prong of the test...
If an injured employee contacts the Virginia Workers' Compensation Commission after an injury, he or she may be informed that the employee can "file a claim for the injury" and the Commission will mail the employee the form or it can be filed on-line. The V...
Your Social Security Lawyer cannot represent you successfully if you do not tell him or her the truth. I had a recent case involving this issue. I had a client who I will call John Doe. He was an auto repair man with some severe disabilities. He needed hip ...
Recently, I attended the Virginia Workers’ Compensation Attorney Advanced Law seminar in Richmond, Virginia. The meeting was highlighted by Dr. Nathan’s Zasler’s talk on mild to moderate brain injuries (TBI). In addition, one discussion highlighted all new ...
An injury at work is not always obvious. Some real life examples: You scratch yourself at work and shrug it off. IS THIS A WC INJURY AND SHOULD YOU REPORT IT? You load a truck with boxes. On the 25th box you feel a pull in your back and continue working. IS...
If there is an assault in the workplace by a co-employee, there are usually two possible remedies for the victim or the victim's dependents. One is a workers' compensation claim and the other is a personal injury claim against the employer. Of course, the b...
In Virginia I often see an injury on the job that is diagnosed as an arm injury. Later it turns out it was really a neck injury or there was a neck injury in addition to the arm injury. A late discovery of a neck injury in addition to the arm injury can be ...
A common injury at the work-place is falling on a staircase or on steps. Will workers' compensation insurance cover this injury in Virginia? Virginia follows the "actual risk" rule. This means a risk in the work environment must cause the injury. So, as a p...
In my opinion which was confirmed in a recent seminar, the injured worker should sign and return the Agreement for an Award form as soon as he/she receives it and return it to the claims adjuster for filing with the Commission. If the insurance company acce...
In Virignia there is great news for the children of workers who have suffered a fatal or job ending injury. An organization was formed in 2011 to provide scholarships for these children. The scholarships are available for both colleges and trade schools. Th...
The original design of the Virginia Workers Compensation Act was to have a simple mechanism to provide injured workers compensation and medical care. However, the system is now much to complicated to handle it yourself. If you had a brain injury would you c...
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Questions that need to be asked in a Virginia Workers' Compensation Acci...
Virginia Workers' Compensation can be complex. These are questions that the injured worker needs to think about. 1 A Specfic Accident? Did y
I injured my brain and I cannot remember how I injured myself in Virginia.
You are at work and you injure yourself. It is a head injury. As a result you cannot remember how you did it. Can you recover workers compen
Can you get Workers' Compensation for Mental Stress in Virginia?
In my 30 years of practice as a Virginia Workers' Compensation Lawyer, I have had many claimants contact me and say my work or my supervisor
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What is an accident under Virginia Workers' Compenation law?
I practice workers comp law in Virginia. I thus see many claimants who have suffered injuries at work. Virginia is strict on what is conside
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Virginia Workers Compensation & the Death PresumptionVirginia Worker...
Jane Doe (not her real name) came to my office two years ago with a sad story. While driving his pickup to a work site, her husband had driv
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When you suffer a work place accident in Virginia, you will probably be eligible for workers' compensation. At some point the insurance comp
Virginia Workers Compensation & Disability Lawyer--Jerry Lutkenhaus
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