Virginia has a rather peculiar workers compensation law. If the worker is found dead at the scene of his/her accident, the worker's accident is "presumed" to have arisen out of his work. However, if the worker lives for even a few minutes after his/her accident, then the worker does not receive this death presumption. Then, the worker's dependents can be denied benefits unless there is some other evidence proving how the accident occurred. This of course can be difficult since the best witness is dead.This can work a real injustice. The worker who dies or loses consciousness as the result of an accident often cannot testify regarding the cause of his accident. Many years ago the Virginia Supreme Court decided to apply a presumption in death cases. This presumption meant if the worker was found dead at the scene of his/her accident it would be "presumed" the accident arose out of his/her work.In a recent September 2006 case, a worker named Pierce was found unconscious at the scene of … [Read more...] about Effort Fails to Change Virginia’s Workers Compensation Death Presumption Law
Even when economic times are not as tough as they have been in recent years, the vast majority of American families live paycheck to paycheck. In such a delicate balance of income and living expenses, any disruption has the potential to lead to financial catastrophe. Workplace injuries often leave an employee and his or her family in a seemingly impossible situation and can cause tremendous physical, emotional, and financial adversity. To help combat these adverse effects, the federal government and each state has enacted law and regulations compelling employers to carry workers' compensation insurance. In the event of an occupational injury or illness, the harmed employee is granted the opportunity to file a claim for workers' compensation benefits. The workers' compensation insurer evaluates this claim, and if it is approved then payments will be rendered for costs incurred by medical care and lost wages associated with the injury. There is no consideration given to which party … [Read more...] about The Advantages of the Workers’ Compensation System
If you have been injured at work, you may be considering, or even in the process of filing for Workers Compensation. You may not know what to expect from the process. You may not even know if your benefits will be enough.Depending on your state, Workers Compensation laws and procedures may differ a bit, but the basic process is the same. You begin by filing a claim. This claim is review for validity. Assuming that your claim is approved, you will begin receiving a weekly benefit package.Now we get to the important question. How much is my Workers Compensation claim worth? In other words, will I still be able to pay my bills? Benefit amounts will differ depending on the severity of the injury. If an injury leaves the employee totally unable to work, the benefit amount is based on a fixed formula. For an injury which allows one to continue working in a limited capacity, the benefit amount is based on a rating system adapted by the American Medical Association. In this system, physical … [Read more...] about How Much is My Workers Compensation Claim Worth?
Where do you begin when looking for a workers compensation attorney? First, you should search for a specific lawyer or law firm who specializes in workers compensation in your area. A lawyer who has experience dealing with workmans compensation can make the whole process much easier and less stressful.Often the phone book route is pretty time-consuming, but you still need a lawyer for your case. Getting a referral for a good lawyer from friends and family members, especially those in legal professions or who have dealt with your type of situation themselves, will be happy to pass along their preferred attorney. Personal references, especially for something as tricky as workers compensation, are the best references you can get.Once you find a workers compensation lawyer that fits your needs, then comes the interview process where you get to ask quick lists of questions to the potential attorney to ensure he is the right lawyer for your case. These questions will help you learn about the … [Read more...] about Finding the Best Workers Compensation Attorney For Your Case
In the unfortunate event that an accident happens on the job and you are injured, you may be entitled to pursue workers compensation to help pay for medical care and lost wages as a result of your injury. When you begin seeking a claim, information is everything. You will need to research information on attorneys in your area. Additionally, you will also have to compile all your personal information for your case including medical records, copies of emails and letters relating to your injury, and correspondence with your attorneys. It is vital to have all this information to properly process a claim. But first, you must notify your employer and then start searching out lawyers who can take your case.The law requires that an injured worker notify his employer no later than 120 days after the accident. Once the employer is notified, the employee should seek out workers compensation attorneys to help with the legal channels associated with claims.Identifying the right lawyers to handle … [Read more...] about Information is Key to Locating the Best Workers Compensation Attorneys For Your Case