When workers in the Commonwealth of Virginia are injured on the job, they may be entitled to receive workers’ compensation benefits, but it’s important to remember that claimants bear the burden of proving their condition is the result of an injury they sustained while working.
Take the case of a woman who was seeking Virginia workers’ compensation benefits after suffering a slip and fall accident while employed by a national retailer. She suffered broken bones as a result of the fall, which required her to undergo corrective surgery.
The costs associated with her treatment and lost wages added up, so she applied for Virginia workers’ compensation benefits; however, the claim was denied on the grounds the woman “failed to meet her burden of establishing that her injury arose out of her employment”.
According to reports from Business Insurance, the decision was later overturned in an appeal claiming the burden of proof was never met. That ruling was later overturned after a panel of judges found “workplace hazards” were to blame for the accident.
This particular case highlights the complexities of the Virginia workers’ compensation benefits system as well as the need to have qualified legal representation by your side when filing for such benefits.
When our loved ones are unable to care for themselves, using a home care provider or nursing home’s services may be the best way to ensure they receive the medical attention they need. On the other hand, nursing home abuse rates are through the roof.
The National Center for Elder Abuse reports that as many as 1 in 3 nursing home residents will become victims of abuse or negligence. Experts are quick to point out this estimate may be on the low end though, considering a large number of cases may go unreported.
Officials are hoping to curb the number of elderly patients who are harmed each year by creating a new plan to address the problem. The Elder Justice Roadmap lays out five priorities that are key to combating nursing home abuse, and they include:
Awareness- Finding new and innovative ways to educate the public about nursing home abuse through improved policies and research is crucial.
Brain Health- Improving patient brain function through focused research is believed to also have a significant impact on nursing home abuse rates.
Caregiving- Providing better support and training to healthcare workers.
Economics- Pinning down the costs associated with nursing home abuse will also work to dissuade the behavior.
Resources- Investment in resources to support victims of nursing home abuse is important to victims’ recovery.
The Norfolk personal injury lawyerswith Lowell Stanley Injury Lawyers are hopeful these changes will successfully bring an end to nursing home abuse in the Commonwealth of Virginia.
State law requires most employers in the Commonwealth of Virginia to carry an insurance policy that will cover expenses in the event an accident occurs that leaves a worker injured. Unfortunately, many employers attempt to avoid the costs of carrying Virginia workers’ compensation coverage by misclassifying employees on their payroll.
The state is working to address this issue though. In fact, the Virginia Workers’ Compensation Commission just announced it would be increasing the penalties for any company that is caught committing infractions of employment fraud.
A press release from the agency states uninsured employers will face a civil penalty of as much as $250 per day—with a maximum of $50,000— for non-compliance. The new regulations apply to any company or person who hires two or more part- or full-time employees. Those who use subcontractors must also count those individuals as their employees as well.
The hope is that new regulations and better investigations will deter companies from attempting to list employees as “independent contractors” in order to save money. The agency says they will be closely observing how control is exerted over a worker’s manner and means of completing their tasks in order to make a determination as to how an employee should be classified.
At Lowell Stanley Injury Lawyers, our Norfolk personal injury attorneys have seen the effects a lack of benefits and resources can have on injured workers, which is why we are hopeful the reforms being made in Virginia will help provide Virginia workers’ compensation coverage to more workers.
Employers in the commonwealth of Virginia have a responsibility—by law—to protect the health and safety of workers they hire. Failure to do so has resulted in costly penalties and the potential of facing civil litigation in the past, but now the laws have been changed to make the punishment for not providing Virginia workers’ compensation coverage even greater.
Under previous Virginia state law, an employer not carrying a workers’ compensation insurance package to cover the costs associated with a workplace accident could result in a fine of anywhere between $500 and $5,000. According to an article from The News Virginian, the penalties were raised on July 1 to anywhere between $250 per day, per noncompliance, or a total of up to $50,000 in penalties plus collection costs.
These are the first changes to the penalties for failing to carry workers’ compensation coverage in about 20-years and were made in an effort to curb the number of employers who found it cheaper to face penalties in the event of an accident than to carry insurance.
Other changes to Virginia workers’ compensation law that went into effect this month include stiffer penalties for employers who misclassify employees in order to avoid coverage or reduce rates.
The key to these reforms being effective will be holding companies responsible. That means employees who are hurt on the job should report the incident to the proper authorities immediately. The Norfolk personal injury lawyers with Lowell “The Hammer” Stanley also encourage accident victims to discuss their potential rights to compensation with an attorney prior to settling with a workers’ compensation insurer.
Millions of music fans around the world enjoy the driving guitars and deliberate drumming of heavy metal—a genre of rock and roll that became prominent in the 1970s. They show their appreciation for the music by whipping their heads up and down to the beat in a practice that has become known as “headbanging.” What these fans may not realize though, is that going through this motion may cause a serious brain injury.
The LA Times has released an article that tells the story of a 50-year-old fan of the band Motorhead, who was headbanging so hard at a concert the band put on in January 2013 that he caused his brain to bleed. The medical team who treated the victim released their findings in a recent publication of a medical journal, stating the patient had no history of substance abuse or prior brain injury but had been “headbanging regularly for years.”
The victim stated that after attending the concert, he suffered constant and worsening headaches that drove him to seek medical attention. Upon testing, medical staff determined the victim had suffered bleeding of the brain caused by his brain hitting his skull repeatedly while headbanging.
The Norfolk personal injury lawyers with Lowell “The Hammer” Stanley say the incident highlights the need to always keep safety at the forefront of the mind, especially when attending concerts.
There’s an endless list of on-the-job hazards workers face that can result in accidents that cause injuries and can leave victims in need of Virginia workers’ compensation benefits to cover their expenses; however, two of the most common accident causes include:
Contact with objects and equipment
Slips, trips, and falls
An incident that occurred on a construction site last week in Virginia Beach has left two workers injured and highlights just how common these types of accidents are. According to an article from ABC 13 News, the incident happened Monday, May 5, at Town Center on Columbus Street when a steel beam fell. The falling piece of metal struck one worker who was on the ground and forced another to be thrown from the basket of a cherry picker. Both men were injured and transported to a local hospital for treatment.
Accidents like this leave many workers wondering what they should do if they are hurt while working. The Norfolk personal injury lawyers with Lowell “The Hammer” Stanley explain there are three steps that should be taken in this situation:
Get medical attention– If you’ve been hurt on-the-job, your health should be a top priority.
Document the accident– Gathering documentation of the accident can later be crucial evidence if a dispute arises as the result of an injury claim.
Hammer the responsible parties– It’s important to hold those who cause accidents and injuries liable for their actions to not only help victims with the compensation they need, but to also ensure similar incidents don’t happen again in the future to others.
When an accident happens, victims are often unsure of where to turn for help. Many choose to hire an attorney to assist them with collecting compensation for damages. This raises the question of how accident victims choose their attorneys, and the answer for many is advertising.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley recently got a nod for their advertising style in a recent podcast. In fact, the hosts of the series declared some of the firm’s ads worth of placement in the legal advertising record books.
99% Invisible’s host, Roman Mars, talked about Stanley’s use of flaming cars and explosions in his ads as a practice once prohibited by the American Bar Association. That restriction was lifted by a Supreme Court ruling stating that lawyers have the same rights to free speech as anyone else.
Lowell “The Hammer” Stanley and his team of attorneys are proud to take their place in legal advertising history books, and they encourage the public to stay aware of our media appearances by checking our Legal & Firm News.
There are numerous ways an individual can be injured while on the job, but the Norfolk Workers Compensation Lawyers with Lowell “The Hammer” Stanley explain one of the most common types of work-related incidents to result in injury or death are transportation accidents. In fact, the Bureau of Labor Statistics estimates transportation accidents were responsible for more than 40 percent of all workplace fatalities that occurred last year.
Such a crash was responsible for claiming the life of a 56-year-old truck driver in Virginia Beach, Virginia, earlier this week. According to a story released by WVEC 13 News, the incident happened at approximately 2 p.m. Tuesday, December 17, along Virginia Beach Boulevard.
Reports indicate two trucks, a box truck and a soda delivery truck, were heading westbound along the road. Somehow, the trucks came into contact, pushing the box truck off the road and into a power pole. The impact of the collision claimed the life of the 56-year-old driver of that vehicle.
Investigators are still working to determine the cause of the accident, if it could have been prevented, and if either driver should face charges in connection to the incident.
Lowell “The Hammer” Stanley and his team of Norfolk Personal Injury Lawyers are aware of the serious dangers transportation accidents pose to employees in the industry and would like to send their condolences to the family of the man who was killed earlier this week.
Each year, a portion of the children born in the Commonwealth of Virginia are brought into this world suffering from any number of birth-related injuries and neurological issues. These problems can often leave parents struggling to both make ends meet financially and to get their child the best medical care possible.
The Norfolk Birth Injury Lawyers explain that there may be help available to those whose child suffered an injury during birth, considering there are several organizations focused on offering assistance to these families.
One of those organizations is the Virginia Birth-Related Neurological Injury Compensation Program. This group offers help to families with children who have suffered birth injuries and require specialized medical care. The program also offers funds that can be used to cover medical expenses that insurance will not, such as rehabilitation and in-home nursing care.
There are certain catches to the program though. For example, any family who uses funding from the program is not entitled to receive compensation from a medical malpractice lawsuit.
This is just one reason Lowell “The Hammer” Stanley and his team of Norfolk Personal Injury Lawyers suggest discussing your legal and financial options with a qualified attorney before making any decisions on how to care for a child who has suffered a birth injury. Doing so will ensure any rights to compensation you and your child may have are protected.
Each year, thousands of workers suffer on-the-job injuries that leave them unable to work and in need of an insurance claim for benefits to cover expenses, such as lost wages and medical bills. One of the most common causes of such accidents is a employee coming into contact with objects or equipment on the jobsite. In fact, the Bureau of Labor Statistics stated that last year alone, such accidents where workers are struck by objects or equipment were responsible for approximately 15 percent of all workplace fatalities.
The Virginia Workers Compensation Lawyers with Lowell “The Hammer” Stanley explain a worker was fatally injured at a feedlot in Stanton County, Virginia, last week as the result of such an accident. Reports indicate the incident occurred at approximately 3 p.m. Monday, October 21, at the facility located just east of the city of Norfolk, Virginia.
According to an article from the Norfolk Daily News, the 53-year-old victim was performing his job duties when grains were suddenly released from a silo above and came avalanching down on top of him. The victim was buried and died as a result of injuries sustained in the incident. Another 60-year-old worker was seriously injured as a result of the accident.
Lowell “The Hammer” Stanley’s Norfolk Personal Injury Lawyers recognize how difficult recovering from a work-related injury can be, both physically and financially. That is why the firm suggests discussing your case with an attorney if you’ve been injured in an on-the-job accident.
