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Workers’ Compensation in Virginia

HAVE YOU BEEN INJURED AT WORK?
Injuries frequently occur in the workplace. Serious injuries can cause life changing effects that will directly influence your ability to live comfortably or work. They can be frightening and put financial strain on you and your family. Personal injuries that hinder your ability to work consistently make it difficult to pay necessary expenses or medical bills. If you have been injured at work, you may be eligible to receive workers compensation. You may also have an independent claim against a third party for your injuries. Workers compensation can be a necessity to those who are injured at work.

The compensation may be able to cover the following expenses:

Lost wages
Medical bills
Permanent disability
Death benefits
Rehabilitation
The stress personal injuries places on individuals and families can be alleviated with a proper workers’ compensation claim. Our law firm was established in 1923 and we understand what you are going through. The years of experience we have, over 120 years combined, provides us with knowledgeable insight into the Virginia legal system. We have won our clients millions of dollars throughout our years in practice, and we can help you too.

ABOUT THE VIRGINIA WORKERS’ COMP PROCESS
If you have been injured while on the job, the first thing you should do is to report the incident to your employer immediately. After the incident has been reported, you should file a claim with the Virginia Workers’ Compensation Commission. You only have two years in which to file this claim following the accident or discovery of the occupational disease, so it is vastly important that you move quickly. The statute of limitations also states that workers only have five years from their last work-related exposure to file a claim regarding an occupational disease. According to the Commission, employees who have sustained an injury by accident or have suffered from an occupational disease are covered by workers’ comp.

To qualify, the accident must meet three separate elements:

Accident occurred at work or during a work-related function;
Accident was caused by a work-related activity; and
Accident happened suddenly at a specific time (not gradually)
On the other hand, occupational diseases must only meet two elements:

Disease was caused by work; and
Disease does not affect back, neck or spine
If the above elements are satisfied, the employee can file a claim for the benefits owed under the Virginia Workers’ Compensation Act. These benefits include wage replacement, lifetime medical benefits, permanent partial impairment, permanent and total disability, death benefits, cost of living increase and vocational rehabilitation. If the initial claim is denied by the employer, it does not mean that you are out of luck. Instead, it simply means that it will not be voluntarily paid. In these circumstances, you will be able to submit a written request for a hearing to the Commission; at this hearing, you will be able to provide testimony, evidence and reports to prove that you have an injury or illness which qualifies under the Act.

PURSUING A WORKERS’ COMPENSATION CLAIM
Filing for workers compensation can be intimidating. The large amounts of paperwork along with proper procedure can be time consuming and confusing. Our goal is to pursue the workers’ compensation benefits you are due, and make this process as easy as possible. The statutes concerning workers’ compensation can be difficult to comprehend, but we are here to help. Our firm, Howard, Morrison, Ross and Whelan is committed to providing with experienced legal counsel that is committed to the highest quality legal support for those injured on the job, either in filing the initial claim, or in an appeal when you have not received adequate compensation or have been denied. Call our firm today to learn more about how we can help.a

Filing a Wrongful Death Claim

Losing a family member or loved one is a traumatic and devastating emotional experience. The situation becomes even more difficult to bear when negligence led to the loss of life. Wrongful death can result from medical malpractice, car, motorcycle or truck accidents and construction site accidents. A wrongful death always takes a family by surprise and the burial and unpaid medical costs can be substantial. It is important that you contact a law firm who knows how to properly handle wrongful death claims.

SUFFERING THROUGH THE LOSS OF A LOVED ONE?
Our firm never rules out an option. We have obtained some of the largest monetary settlements in wrongful death cases in Virginia over the last ten years. We believe that it is important to look at every detail as early as possible in the case, as there is a statute of limitations in filing these claims. This is one of the most important legal decisions of your life. The pain and suffering you or your family has to endure is unacceptable and the appropriate parties should be held accountable for their actions.

Our firm, Howard, Morrison, Ross and Whelan has over one hundred years of combined legal experience and has won millions of dollars for its clients. Restitution is vital in these cases as they are one of the only ways to make you and your family whole, in financial terms. No one could possibly understand what you are going through but we can take legal action to pursue justice for your loved one and provide financial compensation for the tragic loss. We will guide you every step of the way to make the process as easy as possible.

Our firm is dedicated to each claim we file. We are committed to the families that ask for our help and we will do everything possible to fight for the compensation you deserve. We will fight aggressively for your case and our responsive and compassionate lawyers will keep you informed of the progress of your case through to its resolution.

Car Crash Kills Young Student Driver

Every adult remembers the day when they were finally able to get behind the wheel of a car and drive. Learning how to drive a car is one of the first steps towards adulthood, and in a way a step towards freedom. Being able to travel around at will can be considered such a benefit to our society, and many times we take it for granted. With driving come the responsibilities of the road, learning the ways of street and freeways, and the necessary tools to stay safe.

One of the biggest concerns today is the safety hazards that are caused by drivers using cell phones. The moment of distraction from the road is causing the deaths and injuries of thousands of people. In Columbus, Ohio a young 16 year old driving student was involved in a fatal car accident because another driver on the road was texting rather than paying attention to the other cars around him. Daniel Jacobs, 58, was arrested for aggravated vehicular manslaughter and he pleaded guilty knowing that the death of this young victim was his fault. Jacobs is now going to spend three and a half years in prison for his crime.

Dalton Ludwig was learning to drive when his training car was hit by Jacobs who not only was driving and distracted but also claims that his tire exploded. Once the car was hit, Dalton was then thrown into another parked car resulting in his death. Car accidents are unfortunately very common, though that doesn’t mean the families of the victim have to sit back and do nothing. If you or someone you know has been injured or killed in a car accident, contact the Law Offices of Howard, Morrison, Ross and Whelan today. This team has years of experience with personal injury cases that involve car accidents, and you deserve legal representation that will fight hard for you!