Virginia Workers’ Compensation Lawyer

You Can Get Workers’ Comp Even if You’re at Fault

by Staff Blogger | October 12th, 2020

When it comes to getting compensation after an accident or injury, most people are conditioned to believe that they can only do so when it wasn’t their fault. After all, that’s true for most types of personal injury cases. And in many people’s minds, victims who cause their own injuries shouldn’t be eligible for compensation anyway!

However, workers’ compensation is different. It’s a no-fault form of compensation that’s paid to workers even if they are at fault for their own accidents and injuries. Employers are required to carry workers’ compensation insurance to protect themselves and their employees in the event of on-the-job injuries, but many injured workers believe they’re ineligible if they were fully or partially responsible for their own accidents.

At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation attorneys have helped many injured employees get full benefits for a variety of injuries. Don’t write off your opportunity for getting money to pay for your living expenses and medical bills after a workplace injury, even if you believe you contributed to it.

And remember—your employer has little say in the matter. Ultimately, it’s up to the workers’ compensation commission, and that’s where we come in. We know what they look for when reviewing and approving claims, and we know how to improve our clients’ odds of success and how to get them their money faster.

Contact us today for a free consultation. Regardless of how you were hurt, you aren’t getting the paychecks you need, and you need a legal advocate on your side to make things better. Let us help you get your life back on track.

How We Can Help You After an On-the-Job Injury

by Staff Blogger | July 20th, 2020

While some occupations put workers at greater risk of on-the-job injuries than others, all workers can be hurt while performing their job duties. From construction workers falling off scaffolding to office workers developing repetitive stress injuries, many types of jobs can cause painful, debilitating, and even disabling injuries. When that happens, they should be free to pursue workers’ compensation benefits—but getting approved for them isn’t easy.

When you file a workers’ compensation claim, you need two things to go your way. First, you need your employer to cooperate. Some workplaces try to hide or downplay injuries, and that can make difficult to move forward with a claim. Second, you need the Virginia Workers’ Compensation Commission (VWCC) to take your claim seriously. This governmental body acts as the gatekeeper for compensation claims, but its strict criteria means many valid claims fall through the cracks.

When you get the Virginia workers’ compensation attorneys at Lowell Stanley Injury Lawyers on your side, you get a legal team that knows how to deal with both potential roadblocks. We’ll collect evidence that leaves no doubt about what caused your injury, and we’ll build your application or appeal in a manner that leaves little uncertainty or wiggle room for the VWCC.

Best of all, we know how to expedite the process, so that you’ll spend less time waiting for your checks to arrive and more time focusing on getting better and spending time with your loved ones. Contact us today for a free consultation. We have more than three decades of experience that you can use to your advantage.

3 Steps to Take if You Get Hurt on the Job

by Staff Blogger | April 27th, 2020

Getting hurt on the job isn’t just painful—it can also be devastating for your family’s finances. On-the-job injuries can require expensive medical treatments and ongoing rehabilitation, the costs of which may be too much for you to afford. In addition, your injuries can make it impossible for you to go back to work. That means no paychecks and even no health insurance if you get laid off.

Because of the potential negative consequences of workplace injuries on employees, almost all employers in Virginia are required to carry workers’ compensation insurance. This insurance is designed to pay injured workers a percentage of their wages while they recover from their injuries. However, getting approved for benefits isn’t a guarantee, and the Virginia Workers’ Compensation Commission is notoriously strict when approving or denying applications.

You can improve your odds by taking the following steps:

  1. Tell your manager or supervisor about your injury right away—Report your injury to a supervising employee as soon as possible. The less time that passes between your injury occurring and you reporting it, the less chance the review board will believe your injury was caused by something else.
  2. Get medical treatment—After alerting your workplace of your injury, get medical treatment for it. Getting medical treatment not only helps kickstart the healing process, but it also creates an official record of your workplace injury.
  3. Tell the truth about your injury—Never lie, downplay, or exaggerate the severity of your injury. Always be fully upfront and honest about it, whether you’re talking to your employer, your doctor, or even your lawyer.

After taking these steps, it’s important to contact an experienced Virginia workers’ compensation attorney. At Lowell Stanley Injury Lawyers, we know what it takes to help injured workers like you win their claims. Contact us today for a free consultation.

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.

 

Changes Coming to Virginia’s Workers’ Compensation Laws

by | May 19th, 2014

In Virginia, most employers are required by law to carry a workers’ compensation insurance policy that will cover the expenses related to an employee’s injury or death stemming from an on-the-job accident. Unfortunately though, many employers choose not to abide by these rules, leaving many workers struggling for compensation in the event of an accident.

To address this problem, the state has stiffened the penalties against companies that fail to comply with Virginia workers’ compensation laws. The new, stricter standards are set to go into effect later this summer.

According to an article from Tire Business, employers who fail to supply workers and subcontractors with workers’ compensation insurance will now face a fine of $250 per day they are not in compliance beginning July 1. The fines will continue to grow until they accumulate up to $50,000. Under the current laws, employers who do not carry the required insurance policy are only subject to a fine of up to $5,000.

The new laws also clearly define the roles that are classified as employees to prevent companies from using a title to exempt a worker from benefit coverage.

Norfolk personal injury lawyer Lowell “The Hammer” Stanley understands how confusing the state’s workers’ compensation laws and processes can be and encourages anyone with questions about filing such a claim to speak with a qualified attorney immediately.

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.

Newport News Business Owner Seriously Burned In Accident

by Addison Durham | November 5th, 2012

November 5, 2012

The 49-year-old owner of a Newport News, Virginia, auto repair shop was seriously injured following an accident at the business several weeks ago. The Hampton Roads Daily Press reports the incident occurred on October 15 just after 1:30 p.m. at T&B Auto Repair Center, located at 4015 Jefferson Avenue.

Acting chief for the Newport News Fire Department, Scott Liebold, stated the victim was replacing a broken fuel pump in a vehicle when a small amount of fuel was spilled and the fumes ignited, causing a flash fire to break out. The victim’s clothes caught the flame and began to burn, leaving the man with serious fire and burn injuries over a majority of his body.

The Centers for Disease Control and Prevention (CDC) says that every 31 minutes, someone suffers a serious injury as the result of a fire. These accidents resulted in roughly $2.6 billion in lost productivity in 200 alone. To help prevent accidents like this from occurring at the workplace, employers are encouraged to educate employees on the dangers of fire hazards.

The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley would also remind employers to supply workers with adequate protective gear when working under hazardous conditions. If you or someone you know was injured on the job and needs to talk to a law firm about workers’ compensation benefits, we may be able to help you.

Virginia Logger Killed In On-The-Job Accident

by los | March 12th, 2012

March 12, 2012

The Virginia Department of Labor is investigating an on-the-job accident that left a logger dead in New Kent County Thursday morning. According to reports from WVEC 13 News, the accident happened near the New Kent Highway near Quinton, Virginia, just west of Tunstall Road.

The New Kent County Sheriff’s Department, along with fire and rescue squads, reported receiving a call from a man who was screaming for help in the area. By the time they arrived at the scene, it was too late, as they found the body of the victim pinned beneath a large limb of a tree.

They were able to determine that the body was that of a 61-year-old Brodnax man who owned his own tree service. They believe he was working alone in the area when the large branch fell and crushed him.

The combination of heavy equipment, powerful tools, heavy ropes and cables, and the uncertain nature of the work can cause even the most experienced loggers to become seriously injured. The Centers for Disease Control and Prevention estimate that the fatality rate for loggers in the U.S. is over 16 times higher than the overall fatality rate for all other workers in the U.S. in 2008. The findings have led to stiffer industry safety regulations in recent years.

The Virginia Wrongful Death Lawyers with Lowell “The Hammer” Stanley would like to send their condolences to the family of the victim of this tragic accident.

Injured Virginia Beach Construction Worker Rescued From Trench

by los | November 21st, 2011

November 21, 2011

Firefighters in Virginia Beach, Virginia, were called to a construction site last week to rescue a worker who fell into a trench after being hit by a pipe. According to Channel 13 News, the accident happened at around 4:00 in the afternoon, at the corner of Crimson Holley Lane and Lynnhaven Parkway.

Spokesman for the Virginia Beach Fire Department, Chief Ken Pravetz, stated the worker fell 12-14 feet into the trench after being struck by a large piece of piping that was to be installed in the trench. The Fire Department’s Technical Rescue Team, which trains for complex rescue situations, responded, hoisting the man out with a wire basket and haul system. The rescue took about 30 minutes according to Pravetz.

Medics transported the worker to Sentara Virginia Beach General Hospital for treatment for head and leg injuries. Medics said the worker was conscious and not seriously hurt.

According to a report by the Bureau of Labor Statistics, construction workers accounted for more fatal work injuries than any other industry in 2010. 530 workers form the construction industry died in on-the-job accidents in 2010.

The Virginia Workers’ Compensation Lawyers with Lowell “The Hammer” Stanley know the dangers construction workers face on the job every day and have years of experience fighting for their rights when they are hurt. If you have been injured in an on-the-job accident, contact us today by filling out a free initial consultation form.