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