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The fact that you got hurt out of state doesn’t mean you won’t be covered by workers’ comp.  It all depends on the specific facts of your case.  If you are a Virginia worker, the fact that you were injured out of state does not mean you can’t file a claim in Virginia.  For instance, if you were hired in Virginia and live in Virginia, there is a pretty good chance you could file your claim in Virginia.  Also, it’s possible your employer would agree to allow the claim to be filed in Virginia. There are other factors that determine not only if you can file your claim in Virginia, but also whether you should file your claim in Virginia.  It’s possible you could file your claim in either the state where you reside or in the state where you were injured.  Another state’s workers’ compensation laws could be more favorable to injured workers and it might be best to file your claim in the state where you were injured. As always, be sure to consult with an experienced workers’ compensation lawyer to address the specific facts of your case.  The Law Office of Darren Shoen offers free telephone or in-person consultations for workers’ compensation claims. 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.

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 and 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.

If you get hurt at work, a good employer will help you get the care and compensation you need and deserve.  If they are making you feel guilty about getting injured on the job, your loyalty to them is not deserved.  If you got hurt at work, their insurance company may raise their rates whether you file a claim for benefits or not.  Remember, the insurance company and your employer are not “one and the same.”  Your employer can “shop” for different insurance and get a lower rate elsewhere.  The insurance company often raises rates on employers just because they can.  Whether you file a formal claim or not, your employer’s insurance rates may go up. Also, you must remember that a work injury may be with you for the rest of your life.  You may have a spouse, children or others to take care of.  Your need a healthy body in order to provide for yourself and others.  You must do all you can to get healthy both physically and financially.  If your employer has damaged equipment or machinery, they get it fixed….right? Don’t fall into the guilt trap.  Your employer will be fine if they do the right thing, just like the rest of us.

If your employer has workers’ compensation insurance, they are not allowed to fire you just because you got hurt and filed a workers’ comp claim.  However, this situation can get complicated, and is another reason you need the advice of an attorney specific to your case.  An employer can terminate your employment when you have an open workers’ compensation claim and their reason for doing so is unrelated to the filing of the claim.  Employers with workers’ compensation insurance are supposed to attempt to find a “light duty” job that fits within any work restrictions you may have.  This can also be known as a “reasonable accommodation.” If you are totally unable to work, the employer does have the right to fill a necessary position with an able-bodied person. If your doctor has you on “light duty” restrictions, you may be required to look for “light duty” employment in order to receive workers’ compensation wage benefits.  This is called "marketing."  See the following link for guidance on how to comply with job search requirements for workers comp: http://vwc.state.va.us/sites/default/files/documents/Marketing-Guidelines_1.pdf Again, how to go about doing this is something an experienced attorney can explain to you and provide the necessary assistance in maintaining your benefits.

Ok, you got a letter saying you have to appear for a “deposition” in your workers’ comp case.  What do you do?  Well, first of all, make sure you show up.  You can lose your case if you don’t cooperate.  Second, as I always say in my blog, “first seek a competent, experienced workers’ compensation lawyer.”   If you are unrepresented, the lawyer for the insurance carrier may take advantage of your inexperience and uncertainty about the situation. Though I can’t give specific legal advice in this blog since I do not know your particular case, if you have been unable to get legal help, a few tips might help. Don’t lie Only answer the question you have been asked Don’t hide your medical history Dress nice for the deposition and look your questioner in the eyes Don’t let them get you mad You are not on trial at the deposition You have the right to read the transcript of the deposition for accuracy once it is transcribed by the court reporter. As always, the best advice I can give you is to seek a competent, experienced workers' compensation lawyer to represent you.

Do not just accept an insurance carrier’s denial of your claim because they say it is a “pre-existing condition.”  Even if you have a pre-existing injury or condition related to the same body part injured in a work accident, you may still be entitled to medical benefits related to the work accident.  For instance, say (hypothetically) you had a sore knee over the course of a few weeks/months and decide to see a physician.  Your physician says you have degenerative arthritis and advises you to do home stretching exercises.  A few days later, you slip on an oil slick at work and hear (and feel) a “pop” in your knee.  You are seen by a physician shortly after and are advised that you have suffered an exacerbation of your condition and are now unable to work or can only work in a restricted capacity.  Assuming the slip/accident at work is arising out of your employment (compensable as a work accident), your exacerbated knee injury should be covered by your employer’s workers’ compensation carrier. Remember, the injured worker has the burden of proof to prove they sustained a compensable injury by a preponderance of the evidence.    The injured worker must show four things: 1) an identifiable incident; 2) that occurred at some reasonably definite time; 3) an obvious sudden change or mechanical or structural change in the body; and 4) a causal connection between the incident and the bodily change.”  Assuming you show these elements, you should prevail if you challenge the comp carrier’s denial of your claim. As always, make sure you contact a competent, knowledgeable workers’ compensation lawyer to discuss your claim.  You have rights under the law, don’t be fooled by the workers’ comp carrier.

If you are entitled to workers’ comp wage benefits, the insurance carrier is obliged to pay you within 14 days of the date the last payment was due.  If they do not, they may have to pay you an additional 20% penalty assessed on the amount due. Virginia Code §65.2-524 says: “Failure to pay compensation within two weeks after it becomes due. If any payment is not paid within two weeks after it becomes due, there shall be added to such unpaid compensation an amount equal to twenty percent thereof, unless the Commission finds that any required payment had been made as promptly as practicable and (i) there is good cause outside the control of the employer for the delay or (ii) in the case of a self-insured employer, the employer has issued the required payment to the employee as part of the next regular payroll after the payment becomes due. No such penalty shall be added, however, to any payment made within two weeks after the expiration of (i) the period in which Commission review may be requested pursuant to § 65.2-705 or (ii) the period in which a notice of appeal may be filed pursuant to 65.2-706. No penalty shall be assessed against the Commonwealth when the Commonwealth has issued a regular payroll check to the employee in lieu of compensation covering the period of disability.  As used in this section, a regular payroll payment issued by the Commonwealth includes payments issued net of deductions for elected and mandatory benefits and other standard deductions” This means that your check is paid “on-time” when payment is mailed directly to you at your current residential address within two weeks after it becomes due.  They must be aware of your current residential address.  If you move without giving proper notice of your new address, they will not be penalized. Payment is not due until the last day of the week that it is due.  You then add 14 days to that date to calculate the period in which the carrier can mail payment to you. An example might help: Injured worker’s disability payment of $400 is due on Friday, December 6.  On that day, his/her check does not arrive.  If the carrier mails his check to his current residential address on Friday, December 20, the carrier will not have to pay a 20% penalty.  If the carrier mails the check on December 21 or later, they will have to pay a 20% penalty unless they can establish good cause outside their control for the delay, or one of the other reasons listed in §65.2-524.

You suffered an injury at work. Now, what do you do? Can I handle it myself or do I need a lawyer? Here are some reasons why you need a compensation lawyer if an accident occurs at work. The insurance adjuster is not looking out for you. No matter how “nice” they sound or even if they appear to be looking out for you, always remember this: They don’t work for you. They work for an insurance company and their job is to serve their paymaster.  Profit is the goal of insurance companies.  They do not make profits by paying benefits for injured workers. Mr. Shoen gives free consultations and knows that his first duty is to his clients.  He will guide and advise you throughout your claim and will always “have your back.” He works for you. FREE CONSULTATIONS While we can’t speak on behalf of all workers’ comp lawyers, Mr. Shoen does not require any up-front payment directly from his clients.  He is very mindful that most injured workers are not in a position to pay a lawyer up front or “out of pocket.”  He will take your case on a “contingency fee” basis.  He enjoys making the insurance company pay his fees. The Workers’ Compensation Act is complicated. Workers’ compensation laws are not easy to navigate for a non-lawyer, or even for many lawyers that do not regularly handle workers’ compensation cases.  You have many rights under the law in Virginia and the best way to know and understand your rights is to speak with an experienced workers’ compensation lawyer.  Even if your situation seems uncomplicated, it is wise to speak with an experienced workers’ comp. lawyer like Darren Shoen. You could lose your job. Many people find themselves out of a job after work related injuries.  Even workers that have been loyal to their employers for years find that their loyalty is not rewarded after they have been injured.  A good workers’ compensation lawyer will make sure your rights are protected and that you are not left out in the cold without a job or a plan for the future. Much less stress Mr. Shoen’s clients know that he and his staff will handle all dealings with the insurance company and the Virginia Workers’ Compensation Commission.  He knows how to make the insurance company pay attention and do what they are supposed to do.  Without a fighting lawyer on your side, the insurance company will often ignore you, the injured worker, and your needs. The statements contained herein are for general information purposes only. This is NOT to be considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure the 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.

In Virginia, if your treating physician writes you a prescription for marijuana, it is possible that the workers’ comp insurance carrier could be forced to pay for the prescribed marijuana.  As of now, Virginia courts have not resolved this question.  However, in a pair of recent Pennsylvania cases, the appeals court decided that the insurance carrier could be ordered to reimburse an injured worker that paid for prescribed marijuana out-of-pocket. This case could be appealed to higher courts and could still be reversed.  The federal law still makes marijuana possession or use for recreational or medical purposes illegal. Additionally, in Virginia, it does not appear that there are any legal outlets for purchasing marijuana so it is very unclear how the prescribed marijuana would be obtained.  Realistically, it is unlikely you will find a doctor in our area that will write a prescription for marijuana for pain treatment or any condition.  Even if you found a doctor to write a prescription for marijuana, the workers’ comp adjuster would likely get an “independent” doctor to say there are other more reliable methods of pain management and that you did not need the prescription for marijuana.  It is “highly” likely that the workers’ comp adjuster would fight against paying for marijuana. However, if you wanted to press the issue, you could go to court to force the carrier to pay for marijuana.  This would likely be a long, drawn-out battle and probably not worth the trouble.  If you choose to inhale or ingest marijuana now that it is legal in the Commonwealth of Virginia to possess certain amounts, you will likely have to obtain it on your own via your own garden or some other legal means of obtaining it.  You might want to check with your treating physician to make sure it does not interfere with your medical treatment before doing so. 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.

Many people think that since they have a lifetime medical award, they will not need legal help because they are covered for life.  They usually soon find out otherwise.  Many times a workers’ comp. carrier will just refuse to authorize medical care without explanation and ignore your calls.  They won’t honor the lifetime award unless you know how to make them honor the award. “How do I make the workers’ comp. insurance carrier honor the award?” To put it simply, the best way is usually to take ‘em to court. If your doctor says certain medical care is necessary and related to your workers’ comp injury, workers’ comp (insurance) should have to pay.  The opinion of the authorized treating physician usually carries a lot of weight in these cases.  As I’ve said in previous blogs, an experienced workers’ comp attorney (like me) can help you through this & often times get the comp carrier to pay without having to go to court.  A lifetime medical award is an enforceable order.  Don’t let them get away with ignoring you. “What if they say the treatment is not necessary or related to my work injury? You really need to get your doctor’s opinion as to whether the suggested treatment is necessary and related to your work injury.  If they won’t pay for a visit to the treating doctor, often times it is worth while to put the visit on your own insurance or pay out of pocket if you can.  If the doctor agrees with you, you have a good chance to win your case.  If you can’t pay out of pocket, many doctor’s offices will work with you on a payment plan or you may qualify for “charity care” or other programs for assistance with payment of medical care. The statements contained herein are for general information purposes only. This is NOT to be considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure the 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.

No matter what kind of vehicle you drive, don’t forget to wear your seat belt. Seat belts can decrease the risk of suffering from severe injuries, or worse, should an accident occur. It’s especially crucial for workers in the trucking and delivery industries. If you are injured in an auto accident while working (truck driver, pizza delivery, construction related driving, nurses in the field, etc.), and you are not wearing a seat belt at the time, you might be denied benefits by your employer. In Virginia, this issue is considered a “willful violation” of a known safety rule under the Virginia Workers’ Compensation Act (§ 65.2-306 of the Code). In a recent unpublished opinion of the Virginia Court of Appeals, the Court said that a delivery driver’s claim could be denied due to his willful failure to wear a seatbelt resulting in injuries related to his failure to comply. If the claimant is aware that he violated state law at the time of the injury, this is considered a “willful failure or refusal to perform a duty required by statute” (§65.2-306 A(4). The medical evidence further showed that his injuries were “proximately related” to his failure to wear a seatbelt. If the injury is unrelated to wearing a seatbelt, it’s still possible to obtain workers’ comp benefits. For instance, if an accident is so severe that the injuries occurred regardless of using a seatbelt, it’s possible to recover workers’ comp benefits. Having an experienced law firm such as the Law Office of Darren Shoen in these situations provides invaluable help in getting through a traumatic situation. In most motor vehicle accidents, any injuries resulting from the accident would be attributed to not wearing a seatbelt—trauma from being ejected, jostled around the cab of the vehicle, etc. There is an easy way to avoid having your claim denied due to failure to wear a seatbelt—buckle up! 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.

Not all injuries that happen at work are covered by workers’ comp.  However, just because the workers comp insurance carrier denied your claim doesn’t mean you shouldn’t keep fighting.  They have an incentive to deny claims….they don’t want to pay.  So, if there is anything they can do to refuse to accept your claim, they often will. Fortunately, you can fight back successfully.  Don’t give up.  A typical denied claim may involve a situation where the injured worker says something like this: “I was bending down to pick something up & I felt pain in my back.” The comp carrier will almost always deny this claim.  Why? ***Because you have to describe your injury as ‘arising out of your employment.’*** To put it in non-lawyer speak, this means that something about your job was at least partly to blame for your injury.  Just bending down is a typical thing that could happen anywhere.  Hurting your back while bending down after strenuous lifting or other activity related to your job could be covered by comp.  Bending down while holding something related to your work (tools, files, etc.) could be covered by comp.  It just  depends on how you explain what happened.  If you are talking to a representative of the workers’ comp insurance company before you have a lawyer, be careful…. Choose your words carefully if you are explaining how you got hurt. Again, with the help of an experienced workers’ comp lawyer, you have a better chance in making sure your rights are protected. They often deny claims because they will say the injury was the result of “cumulative trauma.”  Don’t get discouraged.  Regardless of what the insurance carrier says, you have the right to challenge their denial.  Some so-called “cumulative trauma” injuries can be covered by workers’ comp.  It depends on the specific facts of your situation. So remember, you usually need to show two main things in order to make sure you can fight back if the workers’ comp insurance carrier denies your claim.  One, your injury occurred in the course of your employment.  Two, your injury arose out of that same employment. The statements contained herein are for general information purposes only. This is NOT to be considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure the 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.