At Injured Workers’ Law Firm, our Richmond workers’ compensation lawyers are experienced, reliable, and results-focused advocates for injured employees and their families. With our law firm’s skills, you can turn a stressful situation into something that can be easily managed. If you or a person you care about was seriously injured while on the job, it is imperative that you have professional representation. To arrange your completely confidential, no-obligation consultation with a Richmond workers’ compensation attorney, please call us at (804) 755-7755 or contact us online.
An Overview of the Workers’ Compensation Laws in the Commonwealth of Virginia
Were you hurt on the job while working in Richmond? It is crucial that you know your rights and responsibilities under the Virginia Workers’ Compensation Act. The law provides key legal protections to injured workers.
Here are some of the most vital things to understand about the workers’ compensation laws, workers’ compensation benefits and the workers’ compensation claims system in Virginia:
- You Must Notify Your Employer of Your Injuries/Illness: To start, injured workers in Richmond have a duty to notify their employer that an accident occurred. This can be done by reporting the incident to your supervisor, to the human resources (HR) department, or to the company in writing. Be proactive: Report your work-related accident right away. If you fail to notify your employer that you were hurt on the job within 30 days, it could impair your ability to get workers’ compensation benefits.
- You Should Seek Prompt Medical Treatment (And Follow Up Care): All serious work injuries should be evaluated by a qualified physician. You should always get professional medical care after a work-related accident. It is your right to see a doctor. Further, it is crucial that injured workers get the follow up care that they need. If you fail to see a doctor after suffering an injury at work, you may be deemed ineligible for workers’ compensation benefits.
- Be Prepared to File for Workers’ Compensation Benefits: You need to file for workers’ compensation benefits. Generally speaking, you can obtain the claims form directly from your employer. If you have any difficulty getting or completing the required paperwork, our experienced Richmond workers’ compensation lawyer have the experience with helping injured workers. In Virginia, workers’ compensation claims are subject to a two-year statutory deadline. If you do not file for benefits before the statute of limitations expires, you will likely lose out on your ability to recover benefits at all.
- Injured Workers are Covered By No-Fault Insurance: A key thing to understand about workers’ compensation coverage is that it is no-fault insurance. You have the right to apply for and receive workers’ compensation benefits in Virginia regardless of whether or not your employer bears any responsibility for causing your accident. You are not required to prove negligence to qualify for workers’ compensation benefits in Virginia. Fault is not a determining factor in whether or not you qualify for workers’ compensation. Insurance can help with medical bills and other medical treatment related to your work related injury.
- You Can Claim a Range of Medical and Time Loss Benefits: Through a no-fault workers’ compensation claim, injured employees in Richmond can obtain the benefits that they need to aid with their recovery. As a starting point, workers’ compensation insurance in Virginia covers the medical treatment that is reasonably necessary and reasonably related to the work injury. Injured workers in Richmond are also entitled to time loss compensation for the period that they have to take off from work to recover from their workplace injury. For more serious injuries, additional benefits may be available, such as permanent partial disability benefits or a total disability pension. If you sustained a long-term disability or permanent impairment due to a work injury, you need an experienced Richmond workers’ compensation attorney.
- A Third Party Liability Claim Can Be Filed Against Non-Employers: Virginia law dictates that a workers’ compensation claim is typically the sole legal remedy that an injured employee in Richmond has against their own company or organization. Put another way, an injured worker cannot file a personal injury lawsuit against their own employer. However, an injured worker can file a fault-based personal injury claim directly against any party other than their employer. These are called third party liability cases. A person who was hurt on the job can file both a workers’ compensation claim and a third party liability claim. Additional financial recovery may be available through a third party liability lawsuit, including for pain and suffering and other types of non-economic damages.
- A Workers’ Compensation Denial Can Be Appealed: Workers’ compensation provides a much needed source of financial relief and protection to people who were hurt on the job in Richmond. Unfortunately, not every injured worker has an easy time getting the full and proper workers’ compensation benefits that they are entitled to under Virginia law. Do not give up if your claim is delayed or rejected. You have the ability to appeal. Our Richmond, VA workers’ compensation lawyers are standing by, ready to help you pursue full and fair benefits through an appeal.
Every workplace injury claim is different. The specific facts and circumstances always matter. Please feel free to request your copy of our free ebook: The Ultimate Guide to Workers’ Compensation in Virginia. If you have any specific questions or concerns about your rights or options with a workplace injury, our Richmond workers’ compensation attorneys are more than ready to help.
We Handle All Types of Work Injury Cases in Richmond, Virginia
We have a deep understanding of the workers’ compensation law, including the claims process and regulations that affect your rights and interests.
The Injured Workers’ Law Firm helps employees and their families with all types of workers’ compensation matters.
Regardless of the severity of your injury or the specific legal issue that you are dealing with, we are here to find the solution that works best for your case. Along with other types of work injuries, our Richmond workers’ compensation attorneys have the professional skills and legal experience to assist clients with:
- Concussions and traumatic brain injuries (TBIs) ;
- Neck and back injuries:
- Hand and arm injuries;
- Hip and knee injuries;
- Shoulder injuries;
- Paraplegia and quadriplegia injury;
- Work-related depression;
- Denied benefits;
- Medical treatment;
- Time loss compensation;
- Loss of earning power;
- Permanent partial disability;
- Total disability pensions;
- Workers’ compensation structured settlements;
- Vocational retraining;
- First responder injuries: and
- Work-related motor vehicle accidents.
How Our Richmond Workers’ Compensation Attorneys Protect the Rights of Injured Employees
Our firm was founded by Michele Lewane, a Richmond workers’ compensation lawyer who has passionately defended the rights of injured workers in the Commonwealth for more than 30 years. Richmond workers’ compensation attorney Christian Kline is also a devoted advocate for people who were injured on the job. We always take a proactive approach to workers’ compensation representation. Injured workers deserve top quality client service. When you reach out to our Richmond office, you will have a chance to consult with a Richmond workers’ compensation attorney who can:
- Hear your story, explain the law, and answer questions about workers’ compensation Virginia;
- Thoroughly investigate the matter, ensuring that you have the evidence you need;
- Handle all of the workers’ compensation claims paperwork; and
- Develop a comprehensive legal strategy to protect your rights and maximize your benefits.
Contact Our Richmond Workers’ Compensation Lawyers for a Consultation
At Injured Workers’ Law Firm, our Richmond workers’ compensation attorneys are devoted to personalized services. If you or a person close to you suffered harm on the job, we are ready to help you navigate the claims process so that you can secure the maximum benefits. Call us at (804) 755-7755 or use our contact form on our website to arrange your completely confidential consultation. We work with injured employees in Richmond and throughout all of Central Virginia.
Description of case: The claimant was a registered nurse in an intensive care unit who treated COVID patients. She contracted COVID-19 at work on April 12, 2020, which the insurance carrier accepted. Unfortunately, she had significant long-term medical complications which were denied as being related to her contracting COVID-19 including hypoxic brain injury (frontal lobe damage and cognitive problems), PTSD and heart/lung/liver damage.
The claimant suffers from hypoxic brain injury to her frontal lobe. Her brain injury is due to the restriction of oxygen being supplied to the brain when she was ill with COVID 19. Unfortunately, as with all brain injuries, the most rapid part of the recovery is in the first six months and after one year any improvement will be very moderate. She still has significant impairments. She still suffers from headaches, dizziness, debilitating fatigue, cognitive functioning, word finding and stuttering. She is in several therapies, including physical therapy to help with her balance and dizziness and speech therapy. She also needs a device called a Speech Easy for her stuttering.
While we had medical causation from her treating physicians, the defense was arguing that she was never hospitalized, that she worked 10 weeks post testing negative for COVID and that they could easily get IMEs that say it is unknown what caused her current symptoms, and that her symptoms are only temporary. Given the new status of the law on COVID-19 and the pending appeals and litigation surrounding its retroactive properties, and given the evolving medical awareness of all the symptoms and complications with “long haulers,” settlement was an excellent option for the client.
A groundbreaking resolution was achieved in a Virginia Workers’ Compensation Commission case, spearheaded by the accomplished Richmond attorney, Michele S. Lewane. This significant settlement brings justice and rightful compensation to a claimant suffering from COVID-19 “long-hauler” symptoms, including a brain injury.
The claimant, a dedicated healthcare worker, contracted COVID-19 while serving on the frontlines during the pandemic. Despite her unwavering dedication, she experienced severe and prolonged symptoms as a “long-hauler,” resulting in a challenging battle, including a brain injury. Seeking rightful support, she pursued workers’ compensation benefits.
With fervent dedication, Attorney Michele S. Lewane passionately represented the claimant, presenting compelling evidence establishing a direct link between her COVID-19 contraction and subsequent long-hauler symptoms, including the brain injury. Through skilled negotiations, she secured an unprecedented settlement of $390,000, providing essential compensation for the claimant’s suffering and losses.
This landmark settlement showcases Richmond attorney Michele S. Lewane’s relentless commitment to defending the rights of injured workers. If you or a loved one have endured work-related injuries, especially during the COVID-19 pandemic, our experienced legal team is ready to provide unwavering support. Contact us today for a free consultation and let us fight for the compensation you deserve.
The claimant was an undocumented worker. On Aug. 20, 2018, he suffered crush injuries to both legs from a wood press at work. Counsel argued that this claim would be a permanent total disability claim which would entitle claimant to lifetime indemnity benefits. Since claimant was undocumented, as soon as a doctor released him to light duty, he would no longer be eligible for lost wage indemnity benefits. Since he was healing well, there was concern that he would be released to light duty shortly which would weaken any potential permanent total disability claim. Additionally, the claim was being denied with defense counsel alleging that the injuries occurred outside the course and scope of his employment.
In a groundbreaking resolution before the Virginia Workers’ Compensation Commission, an undocumented worker obtained a significant $1.6 million settlement. Despite facing numerous challenges, the determined efforts of his attorney, Michele S. Lewane of Richmond, ensured justice and rightful compensation for the claimant’s crush injuries to both legs suffered at work.
On August 20, 2018, the claimant endured severe crush injuries to both legs from a wood press while on the job. As an undocumented worker, his claim presented unique complexities, with concerns that any release to light duty by the doctor would disqualify him from lost wage indemnity benefits. Additionally, the defense denied the claim, arguing that the injuries occurred outside the course and scope of employment.
With unwavering determination, Attorney Michele S. Lewane presented a compelling case, advocating that the injuries qualified as a permanent total disability, entitling the claimant to lifetime indemnity benefits. Despite the challenges, a remarkable $1.6 million settlement was achieved, providing essential compensation for the claimant’s injuries and securing his future.
This significant settlement exemplifies the tireless efforts of Richmond attorney Michele S. Lewane in fighting for the rights of injured workers, regardless of their immigration status. If you or a loved one have faced work-related injuries, our dedicated legal team is here to support you. Contact us today for a free consultation and let us fight for the compensation you rightfully deserve.
The injured worker is a truck driver who while performing his usual route became a victim of road rage. He was forced off of the road by three men who claimed he had cut them off. They forced him out of his truck and proceeded to assault him with a metal pipe. This beating resulted in multiple broken bones and lacerations. The employer denied the injured workers’ claim, arguing that it did not fall within the definition of a work accident. At the court hearing, the deputy commissioner agreed with the defendants, ruling that the accident was not a work accident as defined in the State of Virginia. We appealed this decision to the Full Commission, who reversed the initial decision. The injured worker has now been awarded over $40,000 in lost wages and payment of lifetime medical benefits. The employer will now have to pay his lost wages and medical expenses until the injured worker is able to return to work, chooses to settle his case, or is paid the full 500 weeks of lost wages.
At Injured Workers Law Firm, our commitment to winning for our clients in workers’ compensation cases is unparalleled. Attorney Christian Kline recently achieved a significant victory for an injured truck driver in a road rage incident. Discover how our expertise in Richmond workers’ compensation law can help you too.
Our client, a dedicated truck driver, faced a harrowing road rage attack during his regular route, resulting in severe injuries – broken bones and lacerations.
Despite initial denial by the employer, we persevered. On appeal to the Full Commission, they recognized the incident as a valid work accident.
We secured over $40,000 in lost wages and lifetime medical benefits for our client. The employer is now responsible for ongoing medical expenses until our client can return to work or receive full compensation.
Why Choose Us:
At Injured Workers Law Firm, we know Richmond workers’ compensation law inside out. Our dedicated attorneys are ready to fight for your rights and secure the best outcome for you.
Contact Us Today:
If you’ve suffered a work-related injury, don’t wait. Call [Phone Number] for a free consultation with our experienced attorneys. Let us stand by your side and fight for the justice you deserve.
The injured worker, an emergency room nurse was performing CPR on a patient who had suffered cardiac arrest. In this process, the injured worker suffered a torn rotator cuff. She had to undergo surgery to repair this condition which did help but she was not able to return to her physically demanding job. Her employer denied her claim, arguing that the injury was a result of a repetitive or cumulative injury (these types of injuries are not covered under Virginia workers’ compensation law). Injured Workers’ Law Firm was able to help the injured worker. After speaking with her doctor, he agreed to indicate that her torn rotator cuff, being a traumatic tear, must have occurred at some specific point in time during the CPR compressions. This medical opinion was vital to her claim because it proved that her injury was not a repetitive or cumulative injury. This resulted in the employer agreeing to settle the claim for over $160,000.
Injured Workers’ Law Firm has once again achieved a remarkable victory in a complex workers’ compensation case. Our relentless dedication to advocating for injured workers led to a significant settlement for an emergency room nurse who faced an uphill battle after suffering a torn rotator cuff during life-saving CPR. Discover how we secured justice and substantial compensation for our client.
Our client, a dedicated emergency room nurse, sustained a torn rotator cuff while performing CPR on a patient who experienced cardiac arrest. Despite undergoing surgery to repair the injury, she was unable to return to her physically demanding job.
The employer denied her workers’ compensation claim, arguing that the injury fell under the category of repetitive or cumulative injury, which is not covered under Virginia workers’ compensation law.
Our Legal Strategy:
Undeterred by the denial, we devised a meticulous plan to support our client’s case. By collaborating closely with her doctor, we obtained a crucial medical opinion. The doctor confirmed that the nurse’s torn rotator cuff was a result of a traumatic tear occurring at a specific point during the CPR compressions.
The Turning Point:
This medical opinion was a game-changer, as it clearly demonstrated that the nurse’s injury was not a repetitive or cumulative one, making it eligible for workers’ compensation coverage.
Armed with the medical evidence and a compelling case, we successfully persuaded the employer to reconsider. As a result, the employer agreed to settle the claim, providing our client with a substantial compensation package totaling over $160,000.
Why Choose Injured Workers’ Law Firm:
At Injured Workers’ Law Firm, we go above and beyond to secure the compensation our clients deserve. Our extensive knowledge of workers’ compensation laws and strategic approach to each case set us apart as a leading advocate for injured workers.
Contact Us Today:
If you’ve faced a work-related injury and are struggling to get the compensation you deserve, don’t wait any longer. Call 804-467-3100 to schedule a free consultation with our skilled attorneys. Let us fight for your rights and secure the justice you need to move forward.
The injured worker, a truck driver, was exiting his vehicle when he slipped and fell, holding on to both of the hand rails and tearing both of his rotator cuffs in the process. He also suffered back and neck injuries. His employer inexplicably denied his workers’ compensation benefits. They also hired a private investigator who followed the injured worker around, filming him at his home and throughout his daily activities. The Injured Workers’ Law Firm represented the injured worker, went to an evidentiary hearing with him and successfully won his workers’ compensation benefits. This resulted in the injured worker receiving all his lost wages and the employer having to pay for surgeries to both of the inured workers’ shoulders.
At Injured Workers’ Law Firm, we never back down from a challenge. We recently secured a significant triumph for a truck driver who faced a series of obstacles after sustaining severe injuries at work. Read on to learn how our determined representation helped him win the compensation he deserved.
Our client, a dedicated truck driver, suffered a devastating fall while exiting his vehicle, tearing both of his rotator cuffs and sustaining back and neck injuries. Shockingly, his employer denied him the rightful workers’ compensation benefits he deserved.
The employer’s denial was just the beginning of the uphill battle. They even hired a private investigator to surveil our client, recording him at home and during his daily activities, attempting to undermine his claim.
Our Tenacious Advocacy:
Injured Workers’ Law Firm took up the fight for our client, leaving no stone unturned. We stood by him in an evidentiary hearing, presenting compelling evidence to substantiate his injuries and their work-related nature.
Thanks to our unwavering dedication and compelling case presentation, we successfully secured all of our client’s lost wages. Additionally, the employer was held responsible for covering the costs of surgeries for both of the injured worker’s shoulders.
Why Choose Injured Workers’ Law Firm:
At Injured Workers’ Law Firm, we are relentless advocates for injured workers. We understand the challenges you face and are committed to fighting for your rights and securing the compensation you deserve.
Contact Us Today:
If you’re struggling to obtain your rightful workers’ compensation benefits, don’t face it alone. Call [Phone Number] for a free consultation with our skilled attorneys. Let us stand by your side and help you navigate the complexities of your case.
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