Recovery for Asbestosis under Virginia Workers Compensation

Posted on Monday, October 11th, 2021 at 4:07 pm    

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. (more…)

Definition of Accident NC vs VA Workers Comp

Posted on Sunday, September 5th, 2021 at 7:45 am    

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

Posted on Thursday, September 2nd, 2021 at 10:42 am    

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.

Workplace Violence and Workers’ Compensation

Posted on Thursday, August 19th, 2021 at 4:47 pm    

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…)

Your Guide To Vocational Rehabilitation in Virginia and North Carolina

Posted on Tuesday, July 20th, 2021 at 2:53 pm    

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.

What Is Vocational Rehabilitation?

Posted on Thursday, July 1st, 2021 at 9:40 am    

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…)

Physical Therapy and Workers’ Compensation?

Posted on Wednesday, June 30th, 2021 at 9:38 am    

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…)

Occupational Therapy and Workers’ Compensation

Posted on Wednesday, June 23rd, 2021 at 12:06 pm    

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…)

Fingertip, Finger, and Hand Injuries in Workers’ Compensation Cases

Posted on Tuesday, June 22nd, 2021 at 12:04 pm    

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…)

Occupational Therapy and Workers’ Compensation

Posted on Thursday, June 3rd, 2021 at 10:06 am    

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…)

Next Page »