Workers Compensation Lawyer Joe Miller here explains the concepts of “accident” as defined by North Carolina vs. Virginia Workers Compensation Law. NC typically requires a “slip, trip or fall,” unless it relates to a spine injury. VA does only requires a specific traumatic incident, which doesn’t necessarily have to include a slip, trip, or fall.
 

Here workers compensation attorney Joe Miller explains the often-misunderstood and baffling concept of risk of employment, otherwise known as the requirement that a worker’s injury “arise out of” employment. As he explains, Virginia employs the “actual risk” test, meaning that what caused you to be injured must have been associated with some risk or hazard that you were exposed to due to your employment. A risk to which the public is equally exposed, such as tripping on non-defective stairs or simply over your own feet does not qualify, and workers in those circumstances will unfortunately not have a case. There are, however, possible exceptions that can often be carved out, depending on the specific facts of your case. Accordingly, please don’t just take the adjuster’s word for it. If you or a loved one have been injured at work in VA or NC, please do not hesitate to give us a call. Also, as Joe explains, this is not as much of an issue in NC. NC does not apply this concept as strictly as VA. In most cases, any slip-trip or fall is going to qualify as an accident arising out of employment in NC.

We’ve written about workplace safety and technology and safety tips during the winter season. Here are more suggestions from The Hartford which provides workers’ compensation insurance. Employees should understand that they do not have to prove fault if they suffer a workplace accident. When workplace injuries happen, employees are entitled to payment of all reasonably necessary medical bills and generally 2/3 of their average weekly wages while they can’t work. They can also claim additional damages if they have a partial or full permanent injury. (more…)

Some jobs involve a strong risk of violence. Police officers, security guards, and law enforcement personnel are at constant risk of being assaulted, attacked, or even shot at. Hospital workers are often at risk of assaults by patients who have mental health problems and we’ve represented many in this situation.  Taxi drivers and rideshare drivers may be subject to violence. Store Clerks are often robbed at gunpoint. In any type of job, a worker may become violent or be exposed to violence for a variety of reasons. Many incidents of workplace violence are reported each year. Many incidents go unreported. (more…)

Workers Compensation Attorney Joe Miller reports on the features of the new Workers Compensation Law passed by the Virginia Legislature which has added COVID-19 as an occupational disease for health care workers who became sick from COVID-19 who were directly involved in the treatment or diagnosis of actual or suspected COVID-19 patients. The new law also covers certain categories of first responders. The law is RETROACTIVE to 3/12/20 for health care workers and to 7/1/20 for first responders. By adding COVID-19 as an enumerated occupational disease, it is now much easier for these categories of employees to bring a workers compensation occupational disease claim for illness from COVID-19. If you became ill from COVID-19 and you are either a health care worker or first responder, or if a loved one who is either a health care worker or first responder died from COVID-19, please do not hesitate to call us. You may have a significant claim and if you fit into the categories mentioned by the new law, there is now a PRESUMPTION that your COVID-19 came from your work duties. Kudos to the VA Legislature and all the Bill Sponsors for making this happen, it is long overdue!

Workers Compensation Attorney Joe Miller of Joe Miller Law and the Work Injury Center here explains the real purpose behind vocational rehabilitation. Unlike your physical therapist, a vocational rehabilitation counselor is usually not someone your doctor will refer you to. He or she is someone who is hand-picked by the workers compensation insurance company. Their agenda is to reduce the comp carrier’s exposure to your weekly checks. They can accomplish this in two ways: 1. By getting you a job. (usually one you have no interest in performing and 2. By luring you into a situation where you are non-compliant with vocational rehabilitation and thereby getting you 100% cut off of your weekly checks. The bottom line is that while you have no choice but to do the “dance” that they require that you do, make not mistake. The vocational rehabilitation counselor is not your friend and is not on your side. They are on the side of their employer, the workers compensation insurance company.

Injured workers may need to consult with different types of therapists. It can be confusing to understand which therapist does what. Generally, physical therapists provide exercises and treatments to help your body recover from your injuries. Occupational therapists help injury victims learn to do everyday tasks and to work with assistive devices. Vocational therapists are supposed to work to help an injured worker return to work. (more…)

Many workers who have physical injuries such as broken bones, back pain, an amputation, disc damage, or muscle pain spend a number of sessions with a physical therapist. Workplace victims often treat with a specialist such as an orthopedist or other surgeon before treating with a physical therapist. The victims may have surgery though many people in North Carolina and Virginia who treat with a physical therapist have not had surgery. (more…)

Most workers, after their surgeries and doctor visits, need to treat with different types of therapists. Some of the types of therapists you may need to treat with are physical therapists, rehabilitation therapists, and occupational therapists. The term “occupational therapy” can be a little confusing. Occupational therapy doesn’t mean that the therapists focus on helping you perform your job tasks. Occupation is used more broadly – in the sense of what tasks “occupy” your time. Occupational therapists help people, even children, perform their daily activities.  (more…)

Finger and hand injuries are all too common in the workplace. According to Occupational Health and Safety and data from the US Bureau of Labor – “Of the 286,810 non-fatal occupational injuries to upper extremities in 2018 involving days away from work in private industry, 123,990 involved hands, which is more than 43 percent.”  Human hands have 27 bones and 30 muscles – so there’s a lot that can go wrong.  (more…)