Common Job Injuries Compensable under Workers Compensation in Virginia

 

Having represented hundreds of injured workers and their families across Virginia, Corey Pollard has experience handling all kinds of workplace injuries – and winning.

 

Nearly any kind of injury that is suffered during the course of and because of the employment is compensable under the Workers Compensation Act. But an injured worker bears the burden of proof in satisfying the test for a compensable injury. That’s where we help.

 

We handle Virginia work injury claims involving:

 

Aggravation of Arthritis or a Pre-Existing Condition

 

Many of us will have some type of pre-existing degenerative condition or arthritis by the time we reach the age of 40, especially if we have suffered a prior injury or work in a physically demanding job.

 

In Virginia your employer and its insurance carrier are responsible for the payment of workers’ compensation benefits if your work injury aggravates, exacerbates, or accelerates your arthritis or other pre-existing condition.

 

There is a high likelihood that the insurance carrier will raise your pre-existing condition or arthritis as a defense to your claim for workers’ compensation benefits. In fact, alleging that ongoing disability is related to a pre-existing condition such as arthritis is one of the most common workers’ compensation defenses.

 

These cases are winnable with a good strategy. For example, we recently obtained an open award of temporary total disability benefits and lifetime medical care after a workers’ compensation hearing for a worker who hurt his back while lifting a 50 pound item, even though he had undergone three back surgeries before the accident.

 

Amputation and Loss of Limb

 

An industrial accident or motor vehicle crash causing amputation and a loss of limb can have a permanent impact on your ability to work and your quality of life. We have handled amputation cases where an employee’s arm, leg, toe, finger, foot, or hand became stuck in a machine or between two large objects or was crushed by a heavy object.

 

Though amputation injuries can happen in any type of workplace, construction workers, factory workers, and industrial workers are often the victims.

 

In addition to pain and permanent restrictions, amputation injuries can result in high medical bills. In a recent case our client received more than $1 million in medical care due to the loss of an arm.

 

Ankle and Foot Injuries

 

Nurses, construction workers, and any employee who spends time on their feet or has to walk as part of their job are at risk of suffering injuries to the foot or ankle.

 

We have handled cases involving fractured and dislocated ankles, tarsal tunnel syndrome, metatarsal joint injuries, tibialis posterior tendinosis, plantar fasciosis, calcaneal bursitis, hammer toe, and Achilles tendon injuries.

 

A sprain, strain, fracture, or other injury to your foot or ankle may limit you to sedentary work for the rest of your career.

 

Back, Neck, and Spinal Cord Injuries

 

Back and neck injuries are common in jobs that involve manual labor or driving. They can range from minor strains to serious spinal cord injuries requiring multiple surgeries. And even surgery cannot relieve the pain, numbness, and restrictions that often result from back and neck injuries.

 

Common neck and back injuries in workers comp claims include:

 

  • Fractured Vertebra. A fractured or broken vertebrae can cause excruciating pain that results in permanent problems.

 

  • Herniated Discs. A herniated disc, also called a bulging disc, may leak fluid and cause symptoms. A herniated disc may require surgery, which will put you out of work for an extended period.

 

  • Spinal Cord Injuries. A damaged spinal cord is a serious injury that can result in paralysis, loss of control over bladder and bowel functions, pain, and numbness and tingling that affects your ability to make a living. You may require a spinal fusion surgery to treat the injury and resulting conditions.

 

  • Aggravation or acceleration of degenerative disc disease in the lumbar spine or cervical spine.

 

We’ve obtained many six-figure settlements for injured employees who have suffered back and neck injuries at work.

 

Bone, Muscle, and Joint Injuries

 

Fractured bones, pulled muscles, and joint injuries -strains, sprains, and soreness – are common work injuries in Virginia. And depending on how the injury was sustained, you may be eligible for workers comp benefits.

 

Burns, Scars, and Disfigurement

 

Explosions, fires, and exposure to toxic chemicals can cause burns. A burn can cause damage to the muscle and bone that results in pain and a limited ability to use the affected body part. Burns can also cause disfiguring scars that require multiple skin grafts.

 

If a workplace burn injury causes disfigurement and scarring you may be entitled to permanent disability benefits under Virginia workers compensation. We can help you get all compensation and medical care you deserve for your workplace burn injuries.

 

Cancer

 

Police, firefighters, and EMTS are entitled to the workers’ compensation cancer presumption for certain types of the disease. This means that the Virginia Workers’ Compensation Commission will presume that your cancer was caused by your employment unless the employer and its insurance company offer evidence to the contrary.

 

Carpal Tunnel Syndrome (CTS)

 

Carpal tunnel syndrome, also called median nerve compression, causes weakness, numbness, and tingling in the hand, wrist, and forearm due to a pinched nerve.

 

You may develop carpal tunnel syndrome from repetitive hand use over time but it is sometimes caused by a sudden accident that causes damage to the nerve. This is why many carpal tunnel cases are filed under both an injury by accident and an occupational disease theory in Virginia workers’ comp claims.

 

Dental Injuries to Your Teeth, Mouth, and Jaw

 

We have represented many employees who sustained injuries to their teeth, mouth, or jaw in work-related assaults, car accidents, and slip and fall accidents.

 

We can help you get all the medical treatment you need for your workers’ comp dental injury, which will likely be expensive, and negotiate a settlement.

 

Eye Injuries and Vision Loss, including Blindness

 

Each year hundreds of thousands of workers sustain eye injuries on the job across America. Electricians, construction workers, and laborers commonly report eye injuries caused by foreign objects such as metal, wood, or glass.

 

We have also handled cases involving eye injuries suffered by mechanics, office workers, and delivery truck drivers when glass objects fell from overhead and shattered.

 

In the past year we have settled many eye injury cases, including one for more than $100,000 in cash, benefits, and medical care.

 

Hand and Wrist Injuries

 

Many of you work in jobs that require the use of your hands, arms, and wrists to lift, push, pull, carry, and climb. Some of you even have to use your hands and wrists to operate power tools and machinery.

 

If you hurt your hand or wrist on the job, you may be entitled to workers’ comp in Virginia. We’ve obtained multiple settlements for individuals with hand injuries on the job.

 

Head Injuries

 

Head injuries can range from a minor bruise or cut to a concussion, traumatic brain injury, or skull fracture. Falls from heights, falling objects, and slip and fall accidents are common causes of head injuries at construction sites, warehouses, factories, and other work environments. Head injuries can result in permanent brain damage that impacts your ability to think, speak, move, and function independently.

 

Common types of head injuries suffered in workplace accidents include:

 

  • Concussion: A sudden blow to the head, either from a car accident, assault, falling object, or a fall, can cause a concussion. Though many concussions cause only temporary impairment, some result in postconcussive syndrome that can lifelong symptoms.

 

  • Facial Laceration: Though it won’t impact your cognitive function, a facial laceration can be painful and cause a scar that requires plastic surgery to repair.

 

  • Skull and Facial Fracture: Your facial bones or skull may break when they strike an object. This can lead to swelling, bruising, vision problems, disfigurement, and even brain damage.

 

  • Traumatic Brain Injury: Like head injuries, traumatic brain injuries can range in severity. Minor brain injuries may resolve after a few days or weeks but make you more susceptible to future damage. Serious traumatic brain injuries may require lengthy therapy and cause permanent problems with your attention, balance, coordination, and memory that prevent you from returning to full time employment.

 

Hearing Loss

 

Does your workplace environment expose you to loud machinery? Do you often use powerful tools at work? Then your job may be responsible for your hearing loss and you may be entitled to workers’ comp benefits.

 

We have also represented employees who suffered hearing loss, dizziness, and vertigo when a heated or toxic substance dripped into their ear while working.

 

Heart Attacks & Strokes

 

Obtaining workers comp benefits for a heart attack or stroke is difficult unless you are a police officer, firefighter, or emergency responder. If so, then you are entitled to a presumption that your heart disease is related to your employment under the Virginia Workers’ Compensation Act’s heart and lung bill. This presumption recognizes that police, firefighters, and EMTs have an increased risk of heart disease due to work-related stress.

 

Those of you who are not emergency responders may still be entitled to workers’ comp benefits for a heart attack or stroke if it was caused by a sudden accident such as electric shock or a motor vehicle crash.

 

Knee Injuries

 

Knee injuries are some of the most common job injuries we handle, especially for individuals who work in construction, factories, and nursing. Heavy lifting, slip and falls, transferring patients, or simply striking your knee on an object are common scenarios in which workers sustain a knee injury.

 

You may be entitled to workers compensation benefits if you suffer a knee bruise, fractured patella, ACL tear, MCL tear, or an aggravation of your preexisting knee arthritis.

 

Lung Injuries and Respiratory Disorders

 

If your job exposes you to chemicals, substances, fumes, and other pulmonary irritants then you may be entitled to workers compensation for asthma, COPD, and other lung injuries.

 

Police, firefighters, and emergency responders are entitled to the lung disease presumption. If you work in one of these occupations an are diagnosed with a lung disease, the Commission will presume that your lung disease and lung injury are related to your employment.

 

MRSA Infections

 

MRSA, short for Methicillin-resistant staphylococcus aureas, is a bacteria that causes infections in humans.

 

Health care providers, such as home health attendants, nurses, doctors, and caregivers are at risk of contracting MRSA and other infections in their line of work.

 

Injured workers whose injuries require hospitalization and surgery also have an increased risk of contracting MRSA.

 

Nerve and Tendon Injuries

 

Many workers suffer an injury to a nerve or tendon while performing job-related tasks. You may be entitled to benefits if you tear a tendon or suffer nerve damage while doing your job, or if surgery to treat your work-related injury results in long-term nerve damage.

 

Paralysis, Paraplegia, and Quadriplegia Injuries

 

Catastrophic injuries at work can cause paralysis, paraplegia, and quadriplegia. If this happens you may be entitled to workers compensation benefits, including permanent total disability benefits that will continue for the rest of your life.

 

We have obtained spinal cord workers compensation injury settlements for employees who will never be able to work again because of their workplace accident.

 

Psychological Injuries and Mental Health Conditions

 

The pain and limitations that a physical work injury cause can lead to depression, anxiety, and other mental health disorders. If this happens to you, or if your work injury worsens a preexisting psychiatric condition, you may be entitled to workers’ compensation benefits.

 

You may also be entitled to workers comp for psychological injuries even if you do not have a physical injury. If a workplace accident causes an “obvious sudden shock or fright” then your psychological injury may be covered.

 

For example, witnesses a violent act or being the first to discover a seriously injured or deceased person at work may qualify you for workers’ compensation.

 

Read more about workers compensation for PTSD or for depression related to a work injury.

 

Repetitive Trauma and Overuse Injuries

 

Many of you work in jobs that require repeated movements. This repetitive trauma and overuse can lead to damage to your muscles, nerves, tendons, and ligaments. Common repetitive stress injuries include bursitis, tendonitis, and bursitis.

 

Claims based on repetitive trauma require extensive medical evidence to meet a higher burden of proof.

 

Shoulder Injuries

 

Shoulder injuries, including rotator cuff tears and labral tears, can happen during a single work accident or can develop over time as you use your arms to reach, lift, grab, and carry.

 

We’ve obtained benefits and settlements for workers that have suffered rotator cuff injuries, shoulder bursitis, and dislocated shoulders.

 

If you hurt your shoulder on the job, seek medical attention immediately then contact an attorney to discuss your workers compensation eligibility.

 

Not Sure if Your Workplace Injury is Covered under Workers’ Compensation? Call Us. We Will Preserve Your Legal Rights.

 

Under Virginia law employees who are hurt on the job are entitled to workers compensation benefits to cover their medical care and other costs related to their injury, including wage loss.

 

Depending on the severity of your injury you may also be eligible for Social Security Disability benefits if you’re unable to return to work.

 

Additionally, our law firm offers advice and guidance to the family members of individuals who have lost a loved one in a fatal workplace accident. Workers’ compensation death benefits may be available to survivors of deceased workers.

 

When you contact workers compensation attorney Corey Pollard following an on the job injury you can count on expert legal advice, compassion, and quality service: 804-251-1620. We are dedicated to proving that your work-related injury is covered under workers’ comp so that you can get the income replacement, medical care, and workers’ compensation settlement you deserve.

Corey Pollard
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