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Articles


By Patrick Agnew 29 Sep, 2017

One of the more challenging aspect of a workers compensation case in Virginia are the variety of time limitations built into the law.  While it is important to understand the how long an injured worker has to file an initial claim with the Virginia Workers Compensation Commission, (typically, but not always 2 years from the date of the accident),  it is equally important in many cases to understand what kinds of time limitations happen after a claim is filed.


This post is first in a series of posts setting out some of the time limitations in a Virginia Workers Compensation Case .  

By Aaron Mills 08 Aug, 2017
FAILING TO ADVISE YOUR DOCTORS IMMEDIATELY AFTER THE ACCIDENT OF ALL YOUR INJURIES

This is a common mistake that can easily be avoided. Do not wait until some later date to inform your doctors about your injuries. It gets harder to prove the accident is the actual cause of the damage the longer you wait. If you are hurt in any way in a car accident, you need a doctor to examine you for injuries right away. We don’t ever tell someone to run off to the doctor if they are not really injured. But on the other hand, we often talk to people who are indeed having medical problems, but wait months before receiving any treatment. So if you are having medical issues following a wreck, get checked out by a doctor.

FAILING TO PRESERVE EVIDENCE

The moments after an accident is the time to record and keep evidence safe so you can prove the events later in a courtroom if necessary. In the world of cell phones, taking pictures and video right after an accident has never been easier to accomplish. Record your visits to the doctor’s office, and keep copies of all notices, letters or bills you receive pertaining to the wreck or your injuries. Pictures of skid marks in the roadway, and the debris in the roadway, may also be important. Make sure to ask the investigating officer for the names and numbers of all witnesses. Anything you can do to help the lawyer gather evidence later could help your case in the long run.

NOT FOLLOWING THE DOCTORS INSTRUCTIONS

Missing doctor’s appointments, not attending physical therapy, failing to fill prescriptions,…. Imagine standing in a court room and explaining to the judge why you didn’t do what your doctor told you to. The judge or jury may decide you’re responsible for your own injuries because you didn’t follow medical advice that could have remedied your situation or may have added to the long term effects of your injury. It is critical to do what the doctors tell you.

NOT DISCLOSING PRIOR INJURIES AND ACCIDENTS TO YOUR HEALTH CARE PROVIDERS AND TO YOUR ATTORNEY

The lie of omission can be very damaging in a personal injury case. A judge or lawyer may begin to wonder how they can trust your claim if you have failed to disclose previous injuries. You never want to have the appearance of hiding anything. Be truthful at all times, even if you are worried what you will say might look bad.

FAILING TO DETERMINE IF YOUR HEALTH PLAN REQUIRES YOU TO REIMBURSE THE PLAN FROM PROCEEDS YOU RECOVER

It is possible that your health insurance plan may require you to reimburse the company for treatment it has already paid for if it resulted from the accident. This needs to be determined at the outset.

FAILING TO FILE SUIT WITHIN THE APPROPRIATE TIME PERIOD

Generally speaking, in Virginia you have two years to file a lawsuit after an injury. If you fail to file suit in the appropriate court within the required time period your claim will be forever barred. The longer you wait to contact an attorney after the initial accident, the harder their job may become to gather evidence and build your case.

We are here to help with your Virginia Personal Injury Case

We have over a century of combined experience helping people after an injury. If you or a loved one was injured we would love to speak with you and help you determine if you need legal counsel. This consultation is free, we are standing by for your call.
By Aaron Mills 08 Aug, 2017
In Virginia, you must prove that the other driver’s negligence caused the accident and the injuries that you sustained in the accident.   Negligence is the legal term for careless behavior that causes an accident. For example, a person is negligent if they fail to stop at a stop light and as a result hit your car.
By agnewrosenberg 19 Jun, 2017
Workers Compensation in Virginia has a legal time limitation for filing claims. In Virginia, the big time limitation is that when you have an accident you have two years from the time of the accident to file a claim with the Workers Compensation Commission. As long as you are within the window of that two The post Virginia Workers Compensation Deadlines appeared first on Agnew & Rosenberger Virginia Law Firm.
By agnewrosenberg 28 Feb, 2017
Has your disability claim been denied with the Social Security Administration? Once your claim has been denied, you have 60 days to file an appeal with the social security disability administration. This can be done online or in a social security office locally. The first appeal is called a request for a “reconsideration”. If your The post What to do when a Social Security Disability Claim is Denied in Virginia? appeared first on Agnew & Rosenberger Virginia Law Firm.
By agnewrosenberg 28 Feb, 2017
ill I hurt my employer, or fellow employees by filing for workers compensation? If I get a workers comp lawyer is that the same as suing my boss? What do I do if my boss is pressuring me not to file workers compensation? Can my employer fire me for filing for workers compensation in Virginia? The post Is It Wrong To Sue For Workers Compensation? What about retaliation? appeared first on Agnew & Rosenberger Virginia Law Firm.
By agnewrosenberg 28 Feb, 2017
In many cases the husband or wife of an employee killed on the job qualifies for Virginia workers compensation benefits for up to 500 weeks. B. Patrick Agnew of Agnew Rosenberger a Virginia Workers Compensation law firm explains the benefits survivors of a work-related death may be entitled to. Was your husband or wife the The post Do I quality for Virginia Workers Compensation Benefits After Death of Spouse? appeared first on Agnew & Rosenberger Virginia Law Firm.
By agnewrosenberg 27 Feb, 2017
ne of the most common questions we get about Virginia Workers Compensation is how much will it cost to hire and attorney to represent your Workers Comp or Social Security Disability Case? Attorney B. Patrick Agnew explains the differences between costs and fees, and why you may not have to pay any fees for an The post How much does a workers comp attorney cost in Virginia? appeared first on Agnew & Rosenberger Virginia Law Firm.
By agnewrosenberg 27 Feb, 2017
How well does your workplace regulate the amount of toxins in the environment? What you may not realize is that there are numerous health hazards. Some of the toxins that are present cannot be detected simply by looking at them. They may be airborne and cause respiratory damage. Some toxins can be irritating to the The post Are There Toxins in Your Work Environment? Know Your Rights appeared first on Agnew & Rosenberger Virginia Law Firm.
By agnewrosenberg 27 Feb, 2017
Workers’ compensation exists to help employees who have experienced a work-related injury. It is designed to help workers who are forced to take time off of work in order to heal, providing a way for those employees to recover wages and other financial damages that may have been lost as a result of the injury. The post What Type of Injuries Does Workers’ Compensation Cover in Virginia? appeared first on Agnew & Rosenberger Virginia Law Firm.
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By Patrick Agnew 29 Sep, 2017

One of the more challenging aspect of a workers compensation case in Virginia are the variety of time limitations built into the law.  While it is important to understand the how long an injured worker has to file an initial claim with the Virginia Workers Compensation Commission, (typically, but not always 2 years from the date of the accident),  it is equally important in many cases to understand what kinds of time limitations happen after a claim is filed.


This post is first in a series of posts setting out some of the time limitations in a Virginia Workers Compensation Case .  

By Aaron Mills 08 Aug, 2017
FAILING TO ADVISE YOUR DOCTORS IMMEDIATELY AFTER THE ACCIDENT OF ALL YOUR INJURIES

This is a common mistake that can easily be avoided. Do not wait until some later date to inform your doctors about your injuries. It gets harder to prove the accident is the actual cause of the damage the longer you wait. If you are hurt in any way in a car accident, you need a doctor to examine you for injuries right away. We don’t ever tell someone to run off to the doctor if they are not really injured. But on the other hand, we often talk to people who are indeed having medical problems, but wait months before receiving any treatment. So if you are having medical issues following a wreck, get checked out by a doctor.

FAILING TO PRESERVE EVIDENCE

The moments after an accident is the time to record and keep evidence safe so you can prove the events later in a courtroom if necessary. In the world of cell phones, taking pictures and video right after an accident has never been easier to accomplish. Record your visits to the doctor’s office, and keep copies of all notices, letters or bills you receive pertaining to the wreck or your injuries. Pictures of skid marks in the roadway, and the debris in the roadway, may also be important. Make sure to ask the investigating officer for the names and numbers of all witnesses. Anything you can do to help the lawyer gather evidence later could help your case in the long run.

NOT FOLLOWING THE DOCTORS INSTRUCTIONS

Missing doctor’s appointments, not attending physical therapy, failing to fill prescriptions,…. Imagine standing in a court room and explaining to the judge why you didn’t do what your doctor told you to. The judge or jury may decide you’re responsible for your own injuries because you didn’t follow medical advice that could have remedied your situation or may have added to the long term effects of your injury. It is critical to do what the doctors tell you.

NOT DISCLOSING PRIOR INJURIES AND ACCIDENTS TO YOUR HEALTH CARE PROVIDERS AND TO YOUR ATTORNEY

The lie of omission can be very damaging in a personal injury case. A judge or lawyer may begin to wonder how they can trust your claim if you have failed to disclose previous injuries. You never want to have the appearance of hiding anything. Be truthful at all times, even if you are worried what you will say might look bad.

FAILING TO DETERMINE IF YOUR HEALTH PLAN REQUIRES YOU TO REIMBURSE THE PLAN FROM PROCEEDS YOU RECOVER

It is possible that your health insurance plan may require you to reimburse the company for treatment it has already paid for if it resulted from the accident. This needs to be determined at the outset.

FAILING TO FILE SUIT WITHIN THE APPROPRIATE TIME PERIOD

Generally speaking, in Virginia you have two years to file a lawsuit after an injury. If you fail to file suit in the appropriate court within the required time period your claim will be forever barred. The longer you wait to contact an attorney after the initial accident, the harder their job may become to gather evidence and build your case.

We are here to help with your Virginia Personal Injury Case

We have over a century of combined experience helping people after an injury. If you or a loved one was injured we would love to speak with you and help you determine if you need legal counsel. This consultation is free, we are standing by for your call.
By Aaron Mills 08 Aug, 2017
In Virginia, you must prove that the other driver’s negligence caused the accident and the injuries that you sustained in the accident.   Negligence is the legal term for careless behavior that causes an accident. For example, a person is negligent if they fail to stop at a stop light and as a result hit your car.
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