While many North Carolina and Virginia claim workers’ compensation benefits are based on an accident, you can also claim benefits if you suffered an occupational illness or disease. The workers’ compensation laws in both states authorize claims for workers who suffer lung diseases and other diseases due to workplace conditions – provided the worker can show that certain conditions are met.
Recovery for Asbestosis under Virginia Workers Compensation
Many people are familiar with the horrific disease of asbestosis, a lung disease caused by exposure and inhalation of asbestos fibers. Asbestos is a natural, but dangerous mineral product that was commonly used in many industries until the late 1970’s due to its properties of being resistant to heat and corrosion. Unfortunately, although heavily regulated, it is still not banned in the U.S., even though studies have shown that there are no safe levels of exposure to asbestos.
Definition of Accident NC vs VA Workers Comp
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. …
The Concept of Risk of Employment in VA Workers Compensation
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 …
Workplace Safety Tips for Employees and Employers
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.
Workplace Violence and Workers’ Compensation
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.
New Virginia COVID-19 Workers Comp Law
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 …
Your Guide To Vocational Rehabilitation in Virginia and North Carolina
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 …
What Is Vocational Rehabilitation?
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.
Physical Therapy and Workers’ Compensation?
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.
