| In Virginia, the normal work place injury claim only | | | | legs could stand a fair chance if there also was a |
| allows you 500 weeks of compensation. Of course, in | | | | good opinion that the injured worker's legs due to |
| order to be paid this 500 weeks of compensation, | | | | this loss could not be used in "gainful employment."Of |
| you either have to show you are "totally disabled" or | | | | course, since the worker is asking for lifetime |
| that you are "partially disabled" and cannot get a light | | | | compensation, the workers' compensation insurance |
| duty job due to your "partial disability."But what | | | | company will often fight these cases very vigorously. |
| happens when you are still "totally disabled" and the | | | | As a result, it often can come down to a battle of |
| 500 weeks expires? Virginia does allow some cases | | | | experts regarding (1) whether the back injury has |
| to go for payment of compensation for your lifetime. | | | | caused a loss of use of the worker's legs; (2) what is |
| These fall into two areas. First, if your accident has | | | | the proper permanent ratable loss of the worker's |
| caused an injury to the brain so severe as to render | | | | legs; and (3) whether there is or is not some work |
| you unemployable, then you can receive lifetime | | | | the worker could do involving his injured legs (or |
| compensation. Second, if your accident has caused | | | | arms). The Virginia Workers' Compensation will |
| the loss of both eyes, both legs, both arms, both | | | | conduct a hearing and render a decision. If either |
| hands, or any combination of two of the above, then | | | | party is unhappy with the result, then that decision |
| you can receive lifetime compensation.The Virginia | | | | can be appealed from the Hearing Deputy |
| Workers' Compensation has decided the injured | | | | Commissioner to the Three Commissioners who run |
| worker does not have to show total loss of two | | | | the Commission. Finally, after the Three |
| members. It suffices to show a permanent ratable | | | | Commissioners have made their ruling there is a |
| loss of use of two members and proof that the | | | | further appeal to the Virginia Court of Appeals.In my |
| injured members cannot be used "gainfully" in | | | | experience, there is a chance to win this type of |
| employment. Thus, if one can show the work place | | | | case but it does entail having a very severe |
| accident caused a back injury which was so severe | | | | injury.This may be considered AN ADVERTISEMENT |
| that it caused a permanent loss of use both legs, | | | | or Advertising Material under the Rules of |
| then one has a chance of obtaining lifetime | | | | Professional Conduct governing lawyers in Virginia.This |
| compensation. This is an area that is fruitful for claims | | | | note is designed for general information only. The |
| and litigation since back injuries are a very common | | | | information presented in this note should not be |
| type of injury. A doctor would have to be of the | | | | construed to be formal legal advice nor the formation |
| opinion that under the AMA Guide to Permanent | | | | of a lawyer/client relationship.Gerald G. |
| Impairments the injured worker has suffered a | | | | Lutkenhaus---practitioner of workers' compensation |
| ratable loss of each leg due to the work place injury. | | | | law in the Richmond, Virginia area for over 30 years |
| There is no bright line test regarding how high the | | | | and who was recognized in a July 1999 survey in |
| rating has to be; however, the higher the rating the | | | | Richmond Magazine as one of the best attorneys for |
| better chance the injured worker has to obtain | | | | workers' compensation in the Central Virgina area, |
| lifetime compensation. For example, a back injury that | | | | and who was given an "AV" rating by Martindale |
| caused more than a 40% loss of the use of both | | | | Hubbell in 2003. |