Virginia Workers Compensation Benefits

Changes Considered for Virginia Workers’ Compensation Benefits

by | January 12th, 2015

Most companies in Virginia strive to protect the health and safety of workers, but sometimes accidents happen. Luckily, most businesses and companies in the commonwealth are required by law to carry an insurance policy that offers Virginia workers’ compensation benefits to an injured employee in the event of an accident; however, many businesses will see a change in pricing for these policies in the new year.

According to an article from the Augusta Free Press, the State Corporation Commission has approved changes to the law proposed by the National Council on Compensation Insurance. The reforms will result in a majority of employers seeing an increase in costs for Virginia workers’ compensation benefits insurance.

Coal mining operations are expected to see the greatest increases in cost, with coverage for underground operations spiking by more than 10 percent while surface operations could see costs swell by as much as 15 percent.

So what do these increases in costs mean for workers? Some experts believe it could result in more employers failing to procure coverage or report accidents. The rise in costs could also lead to more conservative decisions being issued on new Virginia workers’ compensation benefits claims.

The Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers say these are just a few reasons why its so important to have legal representation by your side if you’ve been injured on the job. Our team of lawyers is here to help. Call us today at (757) 459-CASH for a free consultation of your case if you’ve been seriously injured while working.

 

Who Bears the Burden of Proof in a Virginia Workers’ Compensation Benefits Case?

by | December 22nd, 2014

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.

At Lowell Stanley Injury Lawyers, we have a team of Norfolk personal injury attorneys that will not only help you understand the legalities of your case, but will also advocate on your behalf in court. To learn more about how we can help if you’ve been injured on the job, call us at (757) 459-CASH.

Determining Who Qualifies for Virginia Workers’ Compensation Benefits

by | September 15th, 2014

When an employee is injured while working in our state, they’re often entitled to Virginia workers’ compensation benefits to cover expenses related to the accident—such as medical bills and lost wages. In order for a claim to be approved though, the accident must have been directly related to the employee’s duties.

Take the Norfolk workers’ compensation benefits claim that was filed on behalf of a police department trainee who was killed during training on December 9, 2010. According to Courthouse News Service, the widow of the victim contends repeat traumatic blows to the head were what caused her husband’s bilateral subdural hematomas.

Documents show that, while in training, the victim was involved in a head-to-head collision with another trainee and suffered repeated blows to the face from another officer’s fists prior to collapsing into a coma.

A court found the victims injuries occurred in the proximity of his job duties and were therefore covered under the Virginia Workers’ Compensation Act.

The case highlights the intricacies that can come into play when determining if a worker is eligible for workers’ compensation benefits after an accident and leaves many citizens wondering what they can do to protect their rights to benefits in the event of an accident.

According to the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers, hiring a lawyer can significantly benefit an injured worker. Doing so can help answer any questions that may arise, as well as determine what documentation will be necessary for your claim.

 

3 Steps to a Virginia Workers’ Compensation Benefits Claim

by | April 21st, 2014

Employers in the state of Virginia have a responsibility to protect the health and well-being of their employees; however, accidents can still sometimes occur that can leave workers seriously injured. The medical bills associated with such incidents can grow out of control, especially if the injury leaves an individual unable to work. The stresses that can accompany life after an accident can be immense, but there is help available to these individuals through Virginia workers’ compensation benefits.

Most businesses and employers in the state are required to carry workers’ compensation insurance that covers the expenses associated with on-the-job injuries. But the process for filing a workers’ compensation claim can be confusing. Norfolk injury attorney Lowell “The Hammer” Stanley explains the steps for getting workers’ compensation in Virginia include:

  • Filing a Claim- The injured worker or their legal representative must notify their employer of their injury within 30 days, and must file a claim with the Virginia Workers’ Compensation Commission within two years of the accident occurring.
  • Processing- The employer’s insurance company will examine the claim, then either offer a settlement or deny the claim based on their findings.
  • Appeal- If the settlement is not sufficient or the claim is denied, the individual has a right to seek to have the decision overturned through the court system.

Lowell “The Hammer” Stanley and his team of attorneys recognize how complex and confusing these processes can be, which is why they suggest speaking with a reputable lawyer if you have been hurt on the job.

Norfolk Worker Killed and Another Injured by Falling Objects at Stanton County Feedlot

by Addison Durham | November 1st, 2013

October 28, 2013

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.