Virginia Personal Injury Blog - All Topics

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Can the insurance company send investigators out to spy on me ?

Doug Landau — Sun, 06 Dec 2009 18:17:58 GMT

Injured workers call ABRAMS LANDAU, Ltd. all the time asking if the insurance company can spy in them. In a word, "yes." The insurance companies can and will hire investigators to look into your records, question your co-workers and neighbors and conduct surveillance of you and your family members. In any case where the insurance company may have to pay a lot of money for medical care, lost earnings and other expenses, they will readily invest several hundreds or even thousands of dollars to investigate in order to save money later on in the case. Disabled clients of Doug Landau ask, "Can these private investigators follow me, watch my home and talk to my neighbors ?" The answer, unfortunately, is "Yes" to all three questions. That is why it is a good idea to watch what you say, advise your friends, family members and neighbors not to speak to investigators about YOUR case, and to report suspicious behavior to the local authorities.

Virginia has laws against "stalking," and Herndon work injury lawyer Landau advises clients to get truck, van and car license plate numbers, makes and models to describe to the police. In several instances, when insurance investigators came on Landau's clients' private property, they were in violation of trespassing laws. If you, or someone you know is being followed, harassed or stalked by an insurance investigator, do not shoot them (see yesterday's post), but rather call an experienced workers compensation, disability and injury case lawyer to help you and your family. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Motorcycle, car and truck "near misses" at the W&OD Bike Trail

Doug Landau — Sat, 05 Dec 2009 20:20:00 GMT

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs. While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project. Small bikes and riders coming from Reston are not easily seen as they head West. And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path. If you are riding or training on your bike in the area of the W&OD Trail, be careful. Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank. It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders. If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

Originally posted at InjuryBoard by Doug Landau

Strict enforcement from VSP on I-64 in Norfolk this weekend

Randy Appleton — Fri, 04 Dec 2009 19:22:11 GMT

Drivers on Interstate 64 beware: The Virginia State Police is out in force this weekend.

Troopers are being paid overtime in a federally-funded effort to keep Virginia’s highways safe, the VSP’s superintendent said in a press release.

The operation is called Operation Air, Land and Speed and is designed to discourage speeding and other reckless behavior, The Virginian-Pilot reported.

Speeding is the cause of many traffic accidents in Hampton Roads and elsewhere. My colleague Emily Mapp Brannon wrote in October about a fatal motorcycle accident in Chesapeake where speed was a factor.

“Speed and reckless and distracted driving endanger too many lives on the Commonwealth’s roads,” W. Steven Flaherty, the Virginia State Police superintendent, said in a press release. “Every motorist must remember to buckle up and drive defensively not aggressively while they are behind the wheel, especially during the holiday season.”

Troopers will be on I-64 – as well as Interstate 66 in northern Virginia – starting today and going through Sunday. They are using both marked and unmarked vehicles, as well as motorcycles and aircraft.

The Virginia State Police said that in December 2008, when the agency last conducted Operation Air, Land and Speed on I-64, it ticketed 251 drivers for reckless driving, 1,783 for speeding and 227 for not wearing a seat belt. The VSP also made 24 arrests for drunken driving, drug possession and other crimes.

“Unfortunately, the only way to get some drivers to adopt safer driving habits and behaviors is through stepped up enforcement projects,” Flaherty said.

(MM)

Originally posted at InjuryBoard by Randy Appleton

Workers Comp insurance company investigator shot by injured claimant !

Doug Landau — Fri, 04 Dec 2009 18:06:00 GMT

In 25 years of helping injured workers and their families, I have heard of insurance company investigators going to great lengths to "spy on" comp recipients, but I had never heard of a "PI" getting shot. An upstate New York Workers Comp claimant plead "not guilty" to shooting an insurance investigator with his shot gun this week. The man says he was aiming for a turkey, not a private investigator following up on his workers' compensation claim, before firing
his shotgun earlier this year.

According to the newspaper story, the disabled worker said he spotted a turkey in a nearby cornfield and took aim and fired, hitting the insurance company's investigator with a shotgun blast in the side of his body, his back and legs. His injuries required surgery. The carrier's gumshoe was investigating the worker by hiding in the field by his home at the time of the shooting to monitor his workers' compensation claim.

The public defender's office, representing the worker, told the court that the PI was wearing dark-colored and camouflaged clothing and lying on the ground at the time of the shooting. The public defender said the claimant didn't expect anybody to be near the cornfield and after hearing the insurance company's investigator cry out, he called 911 immediately. While an insurance company hiring an investigator to "Spy" on an injured worker and his family does not surprise anyone at ABRAMS LANDAU, Ltd., the fact that the investigator hid, camouflaged in the worker's field and got shot is certainly a first. Herndon Virginia injured workers attorney Doug Landau has had disabled clients who have wanted to shoot insurance investigators, but never heard of one accidentally getting one during turkey hunting season !

Originally posted at InjuryBoard by Doug Landau

Beacon House: A Sanctuary for Traumatic Brain Injury Victims

Emily Mapp Brannon — Fri, 04 Dec 2009 14:59:31 GMT

Where do you go after suffering a serious brain injury and the life you used to lead has changed forever? You need help, but don’t know what to do or who to ask. Well, there’s a place in Hampton Roads that is providing assistance to nearly a dozen local people who have suffered from a serious brain injury and found comfort at Beacon House, a community-based clubhouse program for people living with the effects of brain injury, according to The Virginian Pilot.

At Beacon House, individuals can learn, or regain, skills necessary to live a productive and empowering life. Through contributing to every aspect of the clubhouse, members gain confidence and self-respect.

Many of these folks suffered a traumatic brain injury. A traumatic brain injury or “TBI,” is defined by the National Center for Injury Prevention and Control as an injury caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Of the 1.4 million who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department.

TBI’s not only effect the victim, but also their friends and family. Someone who suffered a TBI could endure behavioral and psychological changes that require constant attention and care. Some victims may even need assistance feeding and clothing themselves. It takes an emotional toll on everyone around them.

An example of this is the founder of the Beacon House, local resident Matt Buckley. He created the Beacon House to honor his wife, Mary Buckley. Mary was operated on at Sentara Bayside in 2004 for a routine bunion removal surgery. During the procedure, Mary’s heart stopped briefly and she was placed in a drug induced coma to prevent additional brain damage. Mary remained in a vegetative state for two years before she passed. Matt wanted to do something for other people who suffered like him. That is when he started the Mary Foundation and worked to get funding from local and state government.

The Beacon House is almost like a sanctuary for victims of TBI and Matt’s work should be celebrated. He endured a terrible tragedy, but persevered and is doing something to help numerous Virginians cope with the challenges of a brain injury.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

NTSB Recognizes Need to Better Monitor Truck Driver Fatigue

Michael Phelan — Fri, 04 Dec 2009 01:00:00 GMT

Last month, Deborah Hersman , Chairwoman of the National Transportation Safety Board, spoke in Washington to the National Press Club and stated that every day over 100 Americans die in transportation accidents, mostly on our highways. After her speech, the Chairwoman turned her comments to truck accident prevention.

Chairwoma Hersman recognized driver fatigue as a major cause of truck crashes and called for Electronic Onboard Recorders (EOBRs) on all commercial trucks. Her rationale for this safety device is that NTSB "investigate accidents on a regular basis where we find two sets of log books [with one being false]." In other words, even the NTSB recognizes that fudging driver log books is a common practice to enable drivers to be on duty for more hours than is legally permitted. While not fool proof, EOBRs are harder to fudge than paper driver logs. Monitoring driver fatigue is an important safety issue.

As I discussed in a recent blog, none of these monitoring devices are of any use in civil litigation unless the evidence is preserved. The Federal Motor Carrier Safety Regulations permit trucking companies to destroy this evidence six months after the crash. That's why truck accident vicitims should consult an experienced truck accident lawyer as soon as possible. The first thing the lawyer should do is send a letter to the truck company and its insurance carrier demanding that all evidence from the truck and the scene be preserved.

Originally posted at InjuryBoard by Michael Phelan

Voting with your feet; when an injury causes a career change

Doug Landau — Thu, 03 Dec 2009 16:10:53 GMT

The effects of a wrongful injury are manyfold. Victims suffer physical and emotional pain from their injury, they incur steep medical bills, and they can often lose their job if the injury impairs their ability to work according to Sterling Virginia injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. When a worker loses their livelihood due to an injury that wasn't their fault, they lose their ability to pay for their own medical bills, and often suffer from even deeper emotional distress.

Many people are aware that, if they suffer from a wrongful injury that costs them their job, they are entitled to sue for the money that they lost from their income. This is known as "diminution in earnings and earning capacity", and is as important to a lawsuit's outcome as the cost of the medical bills or the suffering caused by the injury in question.

What many people do not know, however, is that there is a legal precedent in Virginia that also allows for victims to be compensated, even if they are able to find work at a less demanding job.

In the case of Exxon v. Fulgham, the courts established that, if you have to leave your current job due to a wrongful injury, and are forced into a job that pays less (even if the new position has the potential to pay more than the old position did), you can still be eligible for legal compensation. You must prove your pre-injury earning capacity, through documentation of your education, training, experience, etc, and then demonstrate how your injury will force you out of your current profession into one in which you are less qualified.

If you have lost any part of your income due to a wrongful injury, you should see an experienced Virginia injury and disability trial lawyer as soon as possible to discuss your options. It is very important for victims of wrongful injury to know their rights, so that they don't get cheated by large corporations or the insurance companies.

Originally posted at InjuryBoard by Doug Landau

Wal-Mart Settles Massive Wage & Hour Lawsuit

Zev Antell — Thu, 03 Dec 2009 15:59:17 GMT

According to an article in today’s Boston Globe, Wal-Mart has agreed to settle a wage and hour lawsuit which will net $40,000,000 to be divided amongst a class of tens of thousands of employees and former employees. The lawsuit alleged a cornucopia of violations including failure to pay overtime, denial of rest and meal breaks, and manipulation of employee time cards.

Companies that fail to pay overtime or who require workers to work “off the clock” run the risk of serious liability under state and federal law. Large companies like Wal-Mart with many different locations are wise to take stock of their wage practices because if violations exist, they are likely to be replicated throughout the company and not be isolated to a single location or even region.

Originally posted at InjuryBoard by Zev Antell