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If you’ve been assaulted at work and suffered an injury, you may be covered by your employer’s workers’ compensation insurance.  Like many workers’ comp injuries, it depends on whether you can show that the attack arose out of your employment. In a workers' compensation case, a worker may suffer a random attack from someone he knows or doesn’t know.  A random attack is compensable (covered) if the employment situation generates a risk of assault to the claimant. An injured worker may prove an assault arose out of his employment if he can prove the job subjected him to greater risk of assault - even if he knew his assailant - as long as no evidence suggests the motivation for the assault was personal. In Virginia (and in most states), if the assault was solely based on a personal disagreement, then it can be difficult to have it covered by workers’ compensation insurance.  There are many different situations that arise at work that could be considered personal or unrelated to work.  The case of King v. DTH Contract Services (2019), is helpful in understanding the current state of the law in Virginia.  In this case, a former co-worker of Mr. King stabbed him in the face while he was working alone as the overnight attendant at a rest area for DTH Contract Services (the employer).  The assailant’s motives were never known & the claim was initially denied by the VWCC (Virginia Workers’ Compensation Commission) because Mr. King did not prove that his injury arose out of his employment. Fortunately for Mr. King, the Virginia Court of Appeals reversed this decision and ruled in his favor.  They held that a worker that is the victim of an assault may prove an injury  arose out of his employment if he proves that the job subjected him to a greater risk of assault, as long as no evidence suggests the motivation for the assault was personal.  If the motive is “unknowable,” the assumption is that the motive was not personal and the claim would be covered. Of course, this does not cover all situations.  Cases like these usually come down to the specific facts of the case.  Hopefully, you will never have to deal with this type of situation. These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

Can’t get the adjuster to call you back?  Can’t get your mileage and medical costs reimbursed?  Paycheck delayed? Unfortunately, this is a very common problem in workers’ comp. injury cases.  Oftentimes, if the adjuster doesn’t have an urgent reason to call you back, they won’t.  If you have an injury & are relying on an insurance adjuster to help you, it can be a very frustrating experience.  To the insurance adjuster, making sure your medical treatment is covered, your mileage is paid, and your comp wage check shows up is often not their top priority.  Unfortunately, it is often necessary to contact the Virginia Workers’ Compensation Commission and demand a hearing before a judge in order to get the insurance adjuster to respond.  A workers’ comp judge, also known as a Deputy Commissioner, has the authority to order the insurance adjuster to comply with the law.  They can be penalized if they do not. You can try to solve this problem on your own, or you can call an experienced workers’ compensation attorney to be your “ghostbuster”….. The statements contained here are for general information purposes only. This information is not specific legal advice to your situation. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice. To learn more about the Law Office of Darren Shoen and its services, visit shoenlaw.com. For more information on Virginia laws: vwc.state.va.us shoenlaw.com

Injured workers are oftentimes surprised to find out that they do not automatically get paid workers’ compensation if they can’t do their old job due to their injury.  In Virginia, if you get hurt at work and a physician or other qualified medical professional writes you out of work totally, you will likely get paid full workers’ comp wages while you are unable to work, assuming the accident was in the course of your employment and arising out of your employment.  However, if you are given a “light duty” or other restricted duty release and your employer cannot accommodate your restrictions, you might find yourself without income.  This seems very unfair. Unfortunately, this is the how things are in Virginia at the moment.  You will need to start “marketing” (looking for a job) as soon as possible.  The Virginia Workers’ Compensation Commission (VWCC) has Guidelines for Marketing (https://workcomp.virginia.gov/documents/marketing-guidelines) which includes signing up with the Virginia Employment Commission (VEC) and tips on how to go about “marketing.”  Use these guidelines!  Generally, you must show you are making a “reasonable effort” at finding a job within your restrictions.  This can include showing proof that you’ve looked for at least 5 jobs per week and that you have documented your efforts in writing.  The VEC only requires 2 job searches per week.  Please make sure you are aware of the greater requirements imposed by the VWCC. Insurance lawyers will often challenge your marketing efforts and claim you weren’t making a reasonable effort.  Of course, it is always wise to seek the advice of an experienced workers’ compensation lawyer for individualized advice and guidance on how to go about “marketing” for workers’ comp. The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

No.  If you have an Award for workers’ comp in Virginia and your employer lets you come back to work on restricted duty, in many cases the workers’ comp insurance is supposed to “make up the difference” in your pay. This is called “temporary partial disability”.  These are partial wage payments that, when added to your paycheck upon returning to work, should raise your wage to your previous wage prior to your injury.  Workers compensation insurance is supposed to make the injured worker “whole” and not place them in a situation where they cannot earn as much as they did before they got hurt. However, you might be obligated to look for additional light duty work while you are making less pay, depending on your situation.  In some situations, if you have a work restriction from a medical professional limiting the number of hours you can work, you can end up making less money due to working fewer hours.  Many times, the workers’ comp carrier will provide the additional pay to make up the difference without a dispute. Vocational rehabilitation services are also available to help injured workers find employment within their restrictions.  However, these situations can get very complicated and fact specific.  It is very difficult in a blog to spell out every possible scenario and how you should proceed. If you are getting paid less than you were before your injury, don’t give up.  Get advice from an experienced workers’ comp lawyer to address your specific situation. The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

The Journal of the American Medical Association recently published a report sharing the results of a study alleging that psilocybin (or so-called magic mushrooms) could be an effective treatment against major depressive disorder.  Although illegal in most states, Colorado and Oregon recently passed measures allowing regulated use of magic mushrooms.  Other states have attempted to pass similar measures (including Virginia) but were ultimately rejected by the state’s legislatures. Many injured workers suffer from debilitating pain and resulting depression related to their injuries.  If the treating physician agrees that the patient/injured worker suffers from work-related depression, and is allowed to proscribe psilocybin, the workers’ comp insurance carrier could likely be compelled to pay for the prescription.  In Virginia, this is currently not permitted, however.  This could change as further studies are conducted and the public safety concerns are adequately addressed.  If it is determined to be a safe, effective, and affordable way to treat depression (or other disorders), insurance carriers would likely be supportive of paying for this type of treatment.  The carrier’s main goal is to save money.  Effective, affordable treatments save them money. So, for now, in Virginia, it is not going to be covered by the workers’ comp insurance carrier.  Then again, it wasn’t long ago that workers in Virginia would not have been able to get a prescription for medical marijuana.  That changed rapidly and recently.  The same could happen with magic mushrooms.  Stay tuned….. That’s all for now. The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

Once again the answer is… It depends on the situation.  These are always horrific tragedies and there are no easy answers.  The simplest way to try to answer this question is to ask whether the injured (or deceased) worker was exposed to an increased risk of being victimized by a mass shooter due to the nature of their employment.  Some could claim that all employment these days could increase someone’s exposure to mass shooters since these seem to happen all the time at random places.  These shooters seem to be seeking out locations where large groups of people would be gathered such as malls, schools, nightclubs, or other public places.  With the number of school shootings that have occurred over the last several years, a strong claim could be made that anyone working in a school is at risk of getting shot by a mass shooter.  Sad.   But the courts in Virginia have consistently decided that the injured worker must provide some evidence that their employment increased their risk of being exposed to a mass shooter or that the shooting was directed at them because of their employment. The courts will generally not just presume that there is an increased risk and award medical and wage loss coverage.   In a workers' compensation case, a worker may suffer a random attack from someone he knows or doesn’t know.  A random attack is compensable (covered) if the employment situation generates a risk of assault to the claimant. An injured worker may prove an assault arose out of his employment if he can prove the job subjected him to greater risk of assault - even if he knew his assailant - as long as no evidence suggests the motivation for the assault was personal.   In Virginia (and in most states), if an assault was solely based on a personal disagreement, then it can be difficult to have it covered by workers’ compensation insurance.  There are many different situations that arise at work that could be considered personal or unrelated to work.  The case of King v. DTH Contract Services (2019), is helpful in understanding the current state of the law in Virginia.  In this case, a former co-worker of Mr. King stabbed him in the face while he was working alone as the overnight attendant at a rest area for DTH Contract Services (the employer).  The assailant’s motives were never known & the claim was initially denied by the VWCC (Virginia Workers’ Compensation Commission) because Mr. King did not prove that his injury arose out of his employment.   Fortunately for Mr. King, the Virginia Court of appeals reversed this decision and ruled in his favor.  They held that a worker that is the victim of an assault may prove an injury  arose out of his employment if he proves that the job subjected him to a greater risk of assault, as long as no evidence suggests the motivation for the assault was personal.  If the motive is “unknowable”, the assumption is that the motive was not personal, and the claim would be covered.   Of course, this does not cover all situations.  Cases like these usually come down to the specific facts of the case.  And I sincerely hope you will never have to deal with this type of situation. These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

If you have an injury that is both a work injury, and an injury caused by a third party, you may have two separate injury claims you can pursue.  However, please proceed very carefully if you are pursuing both claims. First, what is meant by an injury caused by a “third party”?  A good way to explain this is by an example.  Let’s say you are driving a delivery vehicle for your employer.  While on the road for your employer, you have an accident resulting in injury to yourself that was caused by another driver (a “third party”).  Assuming this accident arises out of your employment, you may also have a personal injury claim against the driver that caused your injuries. However, this can get very complicated when you try to settle your personal injury claim.  If the workers’ comp insurance carrier has been paying benefits for medical and/or wage loss, there is a strong likelihood that they have a lien on any personal injury claim related to the work accident.  You should never settle your personal injury claim without taking into consideration the workers’ compensation carrier’s potential lien on any personal injury settlement.  The result can be catastrophic for your workers’ compensation claim. In these scenarios, it is very helpful to have an experienced workers’ comp lawyer help and advise you through this process.  You may be able to significantly reduce the workers’ compensation lien upon the personal injury settlement or completely settle the workers’ compensation claim in a way that results in no lien at all.  There are various ways to approach these situations and it is important to have someone with in-depth knowledge of the Virginia Workers’ Compensation Act assist you in this process. These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

Believe it or not, the answer is yes.  In Virginia, if an employer hires and employs an undocumented worker, and that worker gets injured in the course of his or her employment, arising out of the employment, they can get medical benefits and possibly wage loss benefits.  If the injury is serious enough to render the undocumented worker totally unable to work, they will likely be paid wage loss benefits if the claim is compensable.  However, if they have any ability (residual capacity) to work, they will likely not receive wage benefits.  This is because they would likely be required to look for a light duty job (marketing) in order to receive wage loss benefits.  An undocumented worker cannot lawfully look for work in Virginia & therefore would be ineligible for wage loss benefits.   As for medical benefits, they would likely have to be paid by the employer’s workers’ compensation carrier.  If they were not paid, this could encourage employers to hire more undocumented workers since they would not have to provide medical benefits like they would with lawfully employed workers.  Lawmakers do not want to create an incentive for employers to hire undocumented workers by allowing them to escape from providing medical benefits for their injured workers.  So, while it might seem wrong that workers coming here illegally would receive benefits, it is also wrong to create an incentive for employers to hire undocumented workers. These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

For police officers, firefighters, and other types of first responders in Virginia, the Workers’ Compensation Act creates a presumption that hypertension or heart disease causing total or partial disability is presumed to be an occupational disease suffered in the line of duty.  As such, medical and wage loss benefits may be awarded to the officer/firefighter or other person listed in §65.2-402 (B) of the Code of Virginia.  This is an additional occupational benefit given by the citizens of the Commonwealth to these workers due to the stressful nature of their job.  This is essentially a “thank you” to workers that put their life on the line every day for the rest of us.  These are inherently stressful jobs that only a select few of us are willing or able to do.   However, it is important to note that this presumption can be rebutted/overcome by the insurance company if it can be shown that the disability is unrelated to employment.  Insurance companies often challenge these claims by trying to show that there are other causes of the heart condition.  If you are pursuing a claim for medical and/or wage benefits for hypertension or heart disease, you will likely be asked to provide your past medical history, details about your lifestyle, job history, and other intimate questions.   Additionally, the worker/officer/firefighter must also show that the heart condition is disabling in some way.  Just having hypertension, alone, might not result in receiving a medical and/or wage award.   If you are considering filing a claim based on a diagnosis of hypertension or heart disease, you should consult with an experienced workers’ compensation attorney.  The Law Office of Darren Shoen has extensive experience in representing police officers, firefighters, first responders, and other injured workers throughout the Commonwealth of Virginia.  Call today for a free consultation. These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice.

Like most legal questions, the answer to this question depends on your specific situation.  However, I know one thing for certain, don’t rely on an insurance adjuster to make the final decision.  If an insurance company denies your claim, that doesn’t necessarily mean your claim is denied!  HUH?  That’s right, you may very well be covered.  Remember, the insurance company is in business for what reason?  *Sound the Jeopardy theme*…..TO MAKE MONEY.  THEY DON’T MAKE MONEY BY PAYING FOR YOUR INJURY).  The insurance company will only do what they have to do, not what they should do.   You have rights under the law in Virginia (and in every state in the U.S.A.).  In Virginia those rights are enforced by the Virginia Workers’ Compensation Commission.  Demand a hearing before the Virginia Workers’ Compensation Commission.  They have judges that make the final decision as to whether your injury is covered by the workers’ compensation insurance company.  You can file a claim for benefits using the following link (the whole website is very helpful too): https://workcomp.virginia.gov/content/injured-workers

Answer: Sometimes. It depends on the facts of your specific case. If you have PTSD from a traumatic workplace incident, it might be covered by workers’ compensation.  As with most work injuries, it depends on the facts of your case.  In 2014, the Virginia Court of Appeals decided in favor of a UPS driver that came upon the scene of a gruesome homicide and filed to have PTSD covered as a work-related injury. The Court stated as follows: “The uncontroverted evidence is that claimant obviously stumbled on a completely unexpected, horrific and terrifying sight. He described the horror as a "really really gruesome scene." Specifically, claimant observed blood on Ms. Fassett's face and the bottom part of her mouth. Claimant further stated that when he looked at Ms. Fassett's face he could tell she had "shrapnel and bullet wounds in her face and her face was pretty much gone — it was all bloody." Claimant's shock was evident immediately as he testified that he cried at the scene "pretty much right after saw " and that he vomited while waiting for 911 responders because he "felt nauseat and overwhelmed." UPS v. Prince, 63 Va. App. 702 (2014) This UPS driver came upon a horrifying scene that he could not have anticipated.  He did this in the course of his employment and suffered from PTSD as a result.  The Court ultimately approved his claim for benefits and awarded benefits to the UPS driver. However, if you work in a job where observing trauma is expected and common, your PTSD might not be covered due the fact that is should be expected that you would be dealing with such scenes.  The Virginia General Assembly recently tried to remedy this situation somewhat in 2020 by enacting section 65.2-107 of the Code of Virginia.  This Code section allows police and firefighters to file for PTSD if the “qualifying event” led to PTSD after July 1, 2020.  Unfortunately, this statute left much to be interpreted by workers’ comp judges and it is still not clear how much this new statute will actually help our first responders to receive the benefits and protection they deserve. Once again, the bottom line is that it depends on the unique facts of each situation.  If you get PTSD from a work-related incident, contact an experienced workers’ comp lawyer soon. These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice. To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.

Maybe.  If you have been taken out of work completely, and you are receiving a workers’ comp wage check, you normally cannot receive unemployment benefits.  If you are written to light-duty release, and receiving a workers’ comp wage check, and if the amount of your workers’ comp disability benefit check is less than your unemployment check, you might be eligible for some unemployment benefits. An important thing to remember is that the Virginia Workers’ Compensation Commission generally requires you to show that you have been looking for at least 5 light duty jobs per week, whereas the VEC (Virginia Employment Commission) generally only tells you to look for 2 jobs per week.  To get workers’ comp benefits in this situation, you must comply with the minimum 5 job search requirement.  It is best to look for even more light duty jobs so as to show the Commission that you are trying hard to find employment. As always, JUST BE TRUTHFUL WHEN APPLYING FOR UNEMPLOYMENT AND/OR WORKERS’ COMP BENEFITS!!! The following links may also be helpful: www.vec.virginia.gov, www.vwc.state.va.us, www.shoenlaw.com These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice.