Lawyer Monthly - August 2024

What are the most common areas of Workers Compensation claims or cases you handle? We see a tremendous number of clients who suffer back injuries, usually resulting from lifting heavy objects. Also very common are surgical injuries to the knees and shoulders. In our experience, people working in the construction industry by and large suffer more injuries than any other type of worker. What are some of the common elements shared by the state workers’ compensation laws when it comes to benefits? Almost all states allow injured workers to recover 66% of their wages for every week they are unable to work. Similarly,

most states provide for payment of medical expenses related to an injury. Lastly, most states have a means of compensating workers if their injury becomes permanent and they sustain a loss of use of the body. Where state laws largely differ is the duration for which these benefits can be paid. For example, Virginia has a lifetime medical award, which allows the injured worker to claim medical benefits that are reasonable, necessary, and causally related to his or her injury for life. In contrast, many states limit medical benefits to a fixed period, such as 5 years. Virginia also provides for lifetime wage loss benefits for a person who becomes permanently disabled due to a work-related injury. Not all states allow for lifetime wage loss benefits. What actions should be taken when an accident happens at work? Report your injury to a supervisor as soon as possible! Virginia has a 30 day notice requirement, and we see many

Almost all states allow injured workers to recover 66% of their wages for every week they are unable to work.

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