Workers Comp Attorney in Newport News VA
High-Quality Legal Representation for Newport News Employees Who Want to Bring a Workers Compensation Claim
Last year, the Workers Compensation Commission received reports for more than 2,000 work-related injuries in Newport News VA.
These workplace accidents happen in many employment settings in Newport News, including the manufacturing, food and beverage processing, healthcare, construction, maritime and shipbuilding, technology, education, and retail industry sectors. And no matter how cautious you are or how safe the work environment is, the potential for an injury that causes a life-changing disability always exists.
Fortunately, you have a legal remedy if you suffer a workplace injury or occupational illness in Newport News: workers compensation benefits. And depending on who or what causes your industrial accident, you may have a third-party action based on the other person’s negligence (in addition to filing a workers comp claim).
This article explains what to expect if you get hurt at work in Newport News and why I am the right lawyer if you suffer a severe occupational injury or illness. Although the workers comp system is in place to protect you and your family, getting the insurance companies and claim administrator (Sedgwick, Gallagher Bassett, ESIS, etc.) to pay can be challenging.
Keep reading for more information about Newport News workers comp claims.
And call me if you have questions about workers comp in Virginia: 757-810-5614.
Born in Hilton Village before moving to Hidenwood, swam for Glendale Pool in the summer, and graduated from Menchville High School) I am a workers compensation lawyer serving Newport News employees by helping them win their cases and negotiate lump sum workers comp settlements.
A Look at Newport News Virginia
Population and Geographical Factors Affecting Work Injuries in Newport News
Newport News, the fifth-most populous city in Virginia, is located on the Peninsula side of Hampton Roads in the Tidewater region. It borders James City County, York County, and Hampton and shares water borders with Portsmouth, Suffolk, Isle of Wight County, and Surry County.
Central neighborhoods and communities in this city include Beechmont, Beechwood, Brandon Heights, City Center, Colony Pines, Deep Creek, Denbigh, Glendale, East End, Hidenwood, Hilton Village, Beaconsdale, Ivy Farms, Huntington Heights, Kiln Creek, Lee Hall, Menchville, Maxwell Gardens, Morrison, Newsome Park, Oyster Point, Parkview, Port Warwick, Richneck, Riverside, Sedgefield, Summerlake, Village Green, and Warwick.
As of the 2020 U.S. Census, more than 180,000 people live here.. And the median age is 32 years old, with 23.4% of Newport News’s population under 18.
Health Care Services in Newport News
Newport News has two hospitals serving injured workers and those needing surgery or emergency services: Riverside Regional Medical Center, which has approximately 450 inpatient beds, and Bon Secours Mary Immaculate Hospital, with about 123 beds.
In addition, injured Newport News workers may need treatment with one of the local orthopedic practices such as:
- Hampton Roads Orthopaedics Spine & Sports Medicine (Dr. Jon Swenson, Dr. Anthony Carter, Dr. Daniel Cavazos, Dr. John Aldridge, Dr. Adrian Baddar, Dr. Mark Kerner, Dr. Jordan Brassell, and Dr. Nelson Keller)
- Orthopaedic and Spine Center of Newport News (Dr. Boyd Haynes, Dr. Robert Snyder, Dr. Jeffrey Carlson, Dr. Martin Coleman, Dr. Mark McFarland, Dr. Raj Sureja, Dr. Jenny Andrus, Dr. John Burrow, and Dr. Andrew Martin)
- Riverside Orthopedic & Sports Medicine Specialists (Dr. Romney Andersen, Dr. J.R. Barley, Dr. Alexander Fleming, Dr. Stephanie Giammittorio, Dr. Steven Hospodar, Dr. Scott Kling, Dr. James Kyriakedes, Dr. Jacob Lantry, Dr. Jeffrey Levy, Dr. Paul McLendon, Dr. David Romano, Dr. David Scott, Dr. Daniel Valik, Dr. Robyn Vargo, and Dr. Robert Winfield)
Major Employers in Newport News
The shipbuilding, transportation, defense contracting, and aerospace industries are key players in the economy of Newport News.
In addition to the healthcare systems listed earlier in the article, the city’s major employers include the following:
- Newport News Shipbuilding
- Huntington Ingalls Industries
- CSX Transportation
- Icelandic USA
- Ferguson Enterprises
- L-3 Flight International Aviation
- Fort Eustis
- Newport News School Systems
- The Thomas Jefferson National Accelerator Facility (TJNAF)
- United Parcel Services (UPS)
- Canon Virginia
- Wal Mart
- Alorica Inc.
- Continental Powertrain USA
- Liebherr America
- Power Solutions LLC
- Food Lion
- Hope in Home Care
- Warwick Plumbing & Heating
- Virginia Baptist Homes
- Verizon
- Newport News Indus. Corp
- Target Corp
- The Pepsi Bottling Group
- Costco
- Gillmann Services Inc
- Swisslog Healthcare
- AMSEC LLC
- Sentara Healthcare
- Lowe’s Home Centers
- Care Advantage
- Manpower International
- Daily Press Media Group
- Peninsula Pediatrics Inc
- Tidewater Staffing
- Peninsula Cleaning Services, Inc
- W M Jordan Co Inc.
- American Refrigeration Supplies
- Calspan Systems Corp
- Tri-Cities Beverage
- Marva Maid Dairy
- Coliseum Convalescent Rehab
- James River Convalescent Ctr
- Keystone Newport News
- Concordia Group Inc
- People Ready
- Reliance Staffing
- Kinyo Virginia Inc
- C & F Enterprises
- Gallerie II
- Peninsula Hospital Svc Inc
- Lee Group
- Wolf Contractors Inc
- Plymkraft Inc
- Amazon
- Charles Barker Lexus
- The Home Depot
Workers Compensation Claims in Newport News
The next parts of this article answer questions you may have as an injured worker in Newport News
What is Workers Compensation?
Workers compensation is insurance coverage that provides cash benefits and medical treatment to workers who are injured or become sick because of their job.
Benefits are available regardless of fault. Indeed, you can receive wage loss payments and lifetime medical treatment for your workplace injuries, even if you are to blame for the industrial accident.
Employers must pay for this insurance in Virginia when they have more than two employees regularly in service (full-time or part-time). Therefore, workers comp covers most employees in Newport News.
Injured employees relinquish the right to sue their employer in tort in exchange for these benefits and the relaxed burden of proof. And this is why workers comp is called an exclusive remedy.
What Does Workers Compensation Pay For?
If you prove eligibility for workers comp, you may receive the following benefits:
- A list of doctors to choose from, including specialists such as orthopedists, neurologists, and psychiatrists (called a panel of physicians)
- Payment of medical treatment, including hospitalizations, doctors’ appointments, diagnostic testing (MRI, CT, X-Ray, etc.), surgery, physical therapy, prescription medication, and chiropractic care
- Vehicle and home modifications to accommodate your disability
- Transportation to and from appointments
- Lost income: These payments include Temporary Total Disability benefits equal to two-thirds of your pre-injury average weekly wage and Temporary Partial Disability benefits if you return to light duty making less than you did before you were hurt.
- Permanent Partial Disability (PPD) to compensate you for the loss of use of the injured body part (determined by an impairment rating under the American Medical Association’s Guides to the Evaluation of Permanent Impairment)
- Death benefits for surviving spouses and dependents (children, parents) of employees who pass away from their work-related injuries or occupational illnesses
What are the Most Common Work-Related Accidents and Injuries?
According to the Virginia Workers Compensation Commission’s 2022 Annual Report, the most common accident types resulting in claims were the following:
- Fall, Slip, or Trip (23% of reported injuries)
- Strain/Sprain/Overexertion (21% of reported injuries)
- Struck by Object (19% of reported injuries)
- Cut, Scrape, or Puncture Wound (11% of reported injuries)
And the body parts injured the most were:
- Upper extremity (shoulder/rotator cuff, arm, elbow, wrist, hand, fingers)
- Lower extremity (leg, knee, ankle, feet, toes)
- Trunk (chest, back, stomach, ribs, abdomen, herniated disc)
- Head (concussion, skull fracture, TBI, facial laceration)
- Neck (including the cervical spine)
In addition, females suffered 59% of the workplace injuries, and males suffered 41%.
What Steps Should I Take After a Work Accident in Newport News?
You put yourself in a better position to recover benefits and demand a fair workers comp settlement when you do the following after an industrial accident or work-related car crash:
- Tell your employer you are hurt and that the injury happened at work: In Virginia, you must give written notice of the work accident within 30 days, or you may forfeit your right to benefits.
- Seek medical treatment immediately, describing the work accident to your doctor. In addition, ask for medical work restrictions (written) if you are concerned about returning to your pre-injury employment.
- Submit a claim to the Workers Compensation Commission within the applicable statute of limitations (two years from the accident date). Telling the employer or insurer is the first step; you must also file a formal claim.
- Call a Newport News workers compensation attorney to ensure you do everything necessary to win your case.
Workers Comp Hearing Locations for Occupational Injuries in Newport News
The Workers Compensation Commission does not have a hearing location in Newport News.
Instead, your workers comp hearing will occur in Hampton if you get hurt in Newport News or live here. The exact address is:
Hampton
22 Lincoln Street
Hampton, VA 23669
Usually, you can get a trial date in this location within two to four months of submitting your initial claim or change-in-condition application to the Commission.
Workers Comp Judges Presiding Over Newport News Injury Claims
Deputy Commissioner Lee Wilder hears Newport News workers comp claims in the Hampton hearing location. His home office is the Commission’s regional headquarters in Virginia Beach.
Generally, Deputy Commissioner Wilder limits cases to one-hour hearings. He will give the parties more time; however, they will have to return later.
Therefore, if you suffered a work-related injury in Newport News, you should use extensive pretrial discovery to get as many stipulations from the insurance carrier as possible. Doing so allows you to narrow the number of disputed issues and present your case efficiently.
In my experience, Deputy Commissioner Wilder does not serve as a mediator in workers compensation mediations.
Other Workplace Injury Laws Affecting Employees in Newport News
Many of you work for the federal government, a defense contractor, a railroad company, or a maritime employer in Newport News. Therefore, other federal workplace injury laws may apply to your accident. These laws include the following:
- Longshore and Harbor Workers Compensation Act (LHWCA): This law applies to many injured maritime workers in the shipbuilding industry.
- Federal Employers Liability Act (FELA): This law covers injuries to railroad workers.
- Jones Act Negligence Claims: Seamen can sue their employer for injuries on navigable waters.
- Unseaworthiness and Maintenance and Cure Claims: In addition to negligence cases, injured seamen may bring these causes of action against their employer or the vessel owner.
- Federal Employers Compensation Act (FECA): This workers comp law applies to federal employees hurt on the job.
How Can a Newport News Work Injury Lawyer Help Me?
As your Newport News workers compensation lawyer, my firm will help you:
- Complete the paperwork necessary to protect your rights and get your day in court
- Conduct pretrial discovery to determine if you have other causes of action besides the workers comp claim. For example, you may have an intentional tort claim if you are injured in a workplace assault and battery or a personal injury lawsuit if a third-party vendor’s acts harm you. And our law firm can help you in these practice areas.
- Review your medical records to determine if you qualify for Social Security Disability Insurance or Long Term Disability insurance benefits
- Get doctor disability letters addressing legal and medical causation and permanent impairment when you reach maximum medical improvement (MMI) or complete an FCE.
- Respond to interrogatories, requests for the production of documents, and other discovery requests
- Explore alternative dispute resolution (ADR) methods to resolve the case.
- Determine what your first settlement offer should be
- Negotiate a settlement
- Represent you at the workers comp hearing in front of a judge and on appeal before the Full Commission and the Virginia Court of Appeals.
- Resolve Medicare conditional payments and review Medicare Set-Aside (MSA) arrangements if you have applied for Social Security disability or have health insurance coverage through Medicare.
Protect Yourself and Your Family by Hiring a Newport News Workers Compensation Lawyer that Wins.
You have two options after a job-related accident requiring medical treatment and lost time from work.
You can take on the workers comp adjuster and their team of insurance defense attorneys alone while trying to heal and wondering when you will get your next paycheck.
Or you can call a skilled workers comp attorney in Newport News who can help you navigate the complex system of Virginia workers compensation laws and regulations to get wage loss benefits and medical care. And who uses pretrial discovery to develop the evidence in your case and scare the insurance adjuster into paying more in settlement.
You only get one shot at fair compensation after an accident.
Let our Newport News workers compensation lawyers start by calling 757-810-5614 for a free consultation. Remember – the first workers compensation claim deadline runs 30 days from the accident, so you must start now to increase your claim’s value.
We have helped thousands of injured employees like you, including your neighbors and coworkers, resolve their Newport News personal injury, car accident, and disability cases successfully.
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