
For over 30 years I have been representing injured workers in workers compensation proceedings and there are some basic errors that injured workers make time and time again.
First, it is common for injured workers to ignore a serious injury for a day or even for a couple of days. This can be a serious mistake because the workers compensation insurance company will often deny a claim that is not promptly reported to an employer.
Second, the injured worker will delay going to an doctor for his/her injury. This can be a serious error because the longer you wait the harder it is for the doctor to establish a causal link between the accident and the injury.
Third, the insurance company will often want to take a recorded statement from the worker right after the injury. Giving this statement without legal advice can result in the loss of a legitimate claim.
Fourth, the injured worked will not follow the guidelines set by the doctor. This can be a serious error. For example, if the doctor specifies certain lifting restrictions and these are violated by the injured worker it can result in loss of benefits.
Fifth, the injured worker will be asked to take a drug test often right after the injury. A failure of this drug test can result in termination of employment and loss of compensation. Often, injured workers do not know that marijuana can still in one system for weeks after smoking resulting in a postive drug test.
Sixth, the injured worker who has a serious injury fails to consult an experienced workers compensation lawyer.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Gerald G. Lutkenhaus, Attorney at Law, in Central Virginia. In the July 1999 issue of Richmond Magazine he was recognized as the Best Attorney for Workers Compensation in Central Virginia. In 2003 he received Martindale-Hubbell's highest rating of AV.
For More information: our web site http://www.geraldlutkenhaus.com and email us at jervalaw.com
AP - Pushed by fellow Democrats, President-elect Barack Obama agreed to modest changes in his proposed tax cuts on Friday after inviting lawmakers to "just show me" ideas for fixing an economy shedding jobs at an alarming rate. Democratic congressional officials said that Obama aides came under pressure in closed-door talks to jettison or significantly alter a proposed tax credit for creating jobs.
AP - Gov. Rod Blagojevich was impeached Friday by Illinois lawmakers furious that he turned state government into a "freak show," setting the stage for an unprecedented trial in the state Senate that could get him thrown out of office.
AP - Israeli jets and ground troops hammered at Hamas targets in the Gaza Strip and Islamic militants fired barrages of rockets at southern Israeli cities Friday, ignoring a U.N. resolution calling for an immediate cease-fire after two weeks of combat.
AP - She messed up her first interviews, didn't show much of a grasp of the issues and, dontcha know, had a speech pattern that was widely mimicked.
AP - A Texas death row inmate with a history of mental problems pulled out his only good eye and told authorities he ate it. Andre Thomas, 25, was arrested for the fatal stabbings of his estranged wife, their young son and her 13-month-old daughter in March 2004. Their hearts also had been ripped out. He was convicted and condemned for the infant's death.
AP - Birders with binoculars and cameras are flocking to a remote state park in search of a small yellow-chested bird that apparently crossed the U.S. border for the first time from its high-mountain habitat to the south.
AP - They play brother and sister on "Dexter." Now in real life, Michael C. Hall and Jennifer Carpenter are husband and wife. Hall's spokesman, Craig Bankey, said on Friday that the couple eloped in California on New Year's Eve. They'll walk the red carpet together at the Golden Globe Awards on Sunday the first time publicly acknowledging their relationship.
AP - A new lease on life at 140? That's what a Manhattan lobster got Friday, when the 20-pound crustacean named George was released from a swanky Park Avenue restaurant's tank. City Crab and Seafood agreed to a request from People for the Ethical Treatment of Animals to let the lobster return to the Atlantic Ocean.
Reuters - Citigroup Inc is in advanced talks to sell its Smith Barney brokerage unit to Morgan Stanley, a person familiar with the matter said on Friday, in a move that would further dismantle the financial supermarket that has been bailed out by the U.S. government.
Reuters - The Illinois House of Representatives impeached Gov. Rod Blagojevich on Friday for abuse of power, including a charge that he tried to sell President-elect Barack Obama's former U.S. Senate seat.
Reuters - Israel pressed on with a punishing Gaza offensive and Hamas sent more rocket salvoes into southern Israeli towns in a two-week-old war that continued to defy international efforts to stop it.
Reuters - President-elect Barack Obama and a key Democratic lawmaker revealed plans on Friday to overhaul the government's $700 billion financial rescue fund as a way to aid struggling homeowners and speed the flow of credit.
Reuters - The unemployment rate surged to the highest in nearly 16 years last month as a deepening year-long recession forced companies to axe more than half a million jobs, government data showed on Friday.
Reuters - The U.S. Supreme Court said on Friday it would consider a challenge to a central provision of the 44-year-old voting rights law aimed at preventing states and local governments from making it harder for minorities to vote.
Reuters - A top bank industry group said on Friday that it opposes an agreement between Citigroup Inc and Democratic senators that would rewrite U.S. bankruptcy law to help troubled mortgage borrowers avoid foreclosure, saying it could make home loans more expensive.
Reuters - The European Union sought to finalize details on Friday of a gas monitoring deal to allow the resumption of gas supplies to Europe via Ukraine, which have been cut off for days over a pricing row.
AFP - Diplomatic efforts to end the Gaza conflict intensified Friday with Western and Arab diplomats agreeing to call for an immediate ceasefire as the death toll from the two-week-old war rose past 760.
AFP - Barack Obama Friday vowed to observe Geneva Conventions bans on torture and outlawed the tweaking of intelligence data for political gain, naming new US spy chiefs in a clean break from the Bush years.
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