Posted on Wednesday, January 10th, 2018 at 10:36 am
Joe Miller explains what happens if you’re hurt on the job in Virginia, and your Doctor releases you to light duty.
Posted on Monday, December 11th, 2017 at 11:28 am
Who is covered under the Virginia Workers’ Compensation Act?
The Virginia worker’s compensation law covers every person who works in the service of another for hire or as an apprentice. This includes aliens and minors. It includes people whether the contract or apprenticeship is in writing or employed and even whether the contact is legal or not. The only exception is for workers who are not employed in the usual course of the trade, business, occupation or profession of the employer.
What kinds of injuries are covered under the law?
Injuries that can be identified by a single occurrence. Workplace injuries are generally covered in Virginia if:
Virginia also covers occupational diseases such as respiratory problems or exposure to toxic chemicals. The disease must be due to work though there is no need to show that specific accident caused the disease. Medical doctors usually are called in to show that the diseases were proximately caused by workplace conditions.
Ordinary diseases generally are not covered unless it can be shown with clear and convincing evidence that the disease resulted from work and not caused outside of work, and that one of the following applies:
Carpal tunnel syndrome is most frequently found compensable in Virginia while other types of repetitive stress injuries may be more difficult to prove. Hearing loss is also compensable under the ordinary disease standard.
Common types of occupational illnesses include asthma, mesothelioma, bronchitis, chronic encephalopathy, black lung disease and pneumoconiosis.
What workplace injuries are not compensable under Virginia workers’ compensation law?
Except for carpal tunnel syndrome, repetitive stress injuries such as backaches and neckaches are not compensable. Aside from diseases that do not qualify as occupational diseases; back pain, neck pain, and spinal pain are not compensable unless they relate to a specific identifiable accident.
Are emotional claims compensable?
As with other workplace injuries, if a worker suffers psychiatric or emotional problems due to a specific injury, employees can be treated by a psychiatrist or psychologist – and have the bills paid for. Many workers do suffer emotionally if they, for example, suffer a broken leg. They worry about when they will get better and all the things they can’t do while they’re heal. If there isn’t a traceable accident, psychiatric damages might be compensable if they were a direct natural consequence of some work experience – such as a nurse who sees someone die.
When must Virginia Workers’ Compensation claims be brought?
Does the employer have any defenses?
Not every workplace injury is compensable. Some employee misconduct can negate the right to benefits. Common defenses include:
Injuries that are self-inflicted such as suicide are not compensable. Other workplace injuries that are not paid in Virginia are:
Willful misconduct such as intentionally ignoring safety law if it’s clear that:
Can employees be punished for fraud or knowingly making false statements or failing to make necessary disclosures?
Employers who knowingly make a false statement may be found guilty of a felony. They may also lose their right to benefits. Claimants who are getting benefits have a duty to notify their employer of any significant changes that might affect his/her right to benefits. Examples include returning to another job, remarriage, being sentenced to jail, or other consequences. Employees who obtained workers’ compensation funds through fraud may be liable for any overpayments.
Can an employer fire me if a file a workers’ compensation claim?
No. Employees have a direct right to file a work injury claim in Virginia. If a worker is fired or an employer threatens an employee, the worker should immediately meet with a Virginia worker’s compensation attorney to understand his/her rights.
What if I’m an independent contractor?
Workers who are not employees cannot generally request workers’ compensation insurance. Whether a worker is an independent contractor or an employee is not always clear. A Virginia work injury attorney can explain whether you might qualify as an employee. Even if the employer says you are an independent contractor, you may be legally an employee and have work injury rights. Some of the factors that can persuade a referee that an employee is really an employee are:
Speak with an Experienced Virginia Work Injury Lawyer Today
Virginia workers’ compensation attorney Joe Miller Esq. can answer all of your work injury questions. He has successfully represented thousands of injured workers during his twenty-five plus years of experience. For a free consultation, please call him at (888) 694-1671 or complete our contact form.
Posted on Monday, December 4th, 2017 at 1:14 pm
Most workers need to show they suffered a specific workplace injury in order to recover workers’ compensation in Virginia. There is an exception for workers who suffer a disease that is due to work. Most occupational diseases occur after months or more normally years of exposure. Many workers may not even know they acquired the disease until decades after the exposure. The delay in seeking treatment for the disease can be problematic for many workers because employers and their insurance companies are likely to initially deny coverage due to the delay and the failure to point to a specific triggering event.
Joe Miller Esq., understands the Virginia occupational illness laws. He fights for workers who suffer these diseases which are often deadly, life-threatening, or disabling. He works with doctors to determine the disease, the cause of the disease, and to show the disease was related to daily work performance. For Virginia worker’s compensation, the last day the employee was exposed is generally considered the formal date of workplace injury.
The Virginia Statutory Definition of Occupational Disease
Here is the state statutory definition of occupational disease. Some exceptions may apply. An experienced Virginia workers’ compensation attorney will know those exceptions.
“Occupational disease” means a disease arising out of and in the course of employment, but not an ordinary disease of life to which the general public is exposed outside of the employment.
An occupational disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances:
Hearing loss and the condition of carpal tunnel syndrome are not occupational diseases. Virginia law considers them to be ordinary diseases of life. Now that does not mean they are not compensable. It means that workers who are making claims for those types of diseases must meet a higher standard of proof than the clearly defined occupational diseases. That higher standard of proof is called “clear and convincing evidence.”
Generally, a worker who gets an ordinary disease does not qualify for workers’ compensation, unless certain elements of proof can connect it to the workplace, as will soon be explained. A worker who gets an occupational disease does qualify – so it’s crucial to be able to prove that disease is occupational and not ordinary.
But this does not mean that someone who has an ordinary disease is completely out of luck. It’s just that the standards of proof are harder, namely, that the elements must be proven by “clear and convincing evidence.” That is a much higher standard of proof than an occupational disease.
Some ordinary diseases may qualify as occupational disease, if the following conditions are clearly met:
1. If the disease can be shown to have arisen out of and in the course of employment and not due to outside causes and if one of the following exists:
a. It follows as an incident of occupational disease as defined in this title; or
b. It is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home, or while otherwise engaged in the direct delivery of health care, or in the course of employment as emergency rescue personnel and those volunteer emergency rescue personnel. Essentially, this means people who normally provide some type of healthcare service such as nurses and ER staff and who acquire a disease may qualify for workers’ compensation, or
c. It is characteristic of the employment and was caused by conditions peculiar to such employment.
Common Types of Occupational Diseases
Many of the people who suffer an occupational disease suffer exposure to toxic chemicals. Some of the diseases associated with hazardous chemical exposure are:
Mesothelioma, a deadly form of cancer that comes from exposure to asbestos, is another common occupational work disease. Also, many coal miners suffer from black lung disease.
Repetitive Motion Injuries and Emotional Stress Injuries
There are some occupational illnesses that are not due to exposure – rather they are due to repetitive stress. Workers who do a lot of computer work or repeat work such as assembly work in factories can develop carpel tunnel syndrome and other repetitive stress injuries. Repetitive stress injuries are also called repeated motion injuries. The most common type of repetitive stress injury affects the wrists. If detected in time; rest, rehab, and some medications can help. If not detected in time, repetitive stress injuries can become a lifelong disability. Virginia workers’ compensation law does not recognize repetitive stress injuries as occupational diseases but they are considered “ordinary diseases of life” and would therefore have to conform to the higher standards of “clear and convincing evidence” in order to be found compensable. Carpal tunnel syndrome is probably the most frequently claimed ordinary disease of life that is found to be compensable.
Other Ordinary Diseases that might be covered.
Conditions that are related to emotional stress such as being continually exposed to traumatic events and suffering from PTSD would not be occupational diseases, but ordinary diseases of life. There have been cases where paramedics and firemen have recovered for that condition due to repeated exposure to traumatic events, as they were able to show it was work-related by clear and convincing evidence.
Other ordinary diseases and conditions such as MRSA infection, tendinitis, HIV, Deep Vein Thrombosis, Frostbite, and Lyme disease have been shown to be compensable in specific cases.
An experienced Virginia workers’ compensation attorney such as Joe Miller can explain when emotional stress related disorders, such as post-traumatic stress disorder, are covered.
Talk to a Virginia Occupational Disease Attorney Now
Virginia work injury lawyer Joe Miller understands workers’ compensation work injury law. He has been helping injured Virginia workers for over quarter of a century. He understands what workers need to prove to qualify for occupational disease benefits. For help now, call Joe Miller at (888) 694-1671 or fill out his online contact form.
Posted on Monday, October 16th, 2017 at 3:35 pm
Attorney Joe Miller explains a situations in which your workers’ comp might be denied in a recent interview:
Posted on Thursday, September 14th, 2017 at 10:29 am
The Medical Society of Virginia has new requirements for prescribing Buprenorphine for addiction. These are part of the new Virginia Laws passed in response to the nationwide opioid epidemic and huge uptick in deaths from opioid overdose. Buprenorphine, also prescribed under the brand name Subloxone, is often utilized as a means to treat heroin addiction. While it is a semi-synthetic opioid, and does produce some of the same euphoric effects as heroin and morphine, it is found that at low doses, administration of this drug allows the addict to discontinue heroin or morphine while reducing— and in some cases even eliminating— the severe symptoms of withdrawal that can be so debilitating for addicts.
There are eight steps that physicians should follow before prescribing Buprenorphine:
Prescriptions should be waivered by the Substance Abuse Mental Health Services Administration (SAMHSA), registered with the Drug Enforcement Agency, and comply with the federal and state laws for prescribing buprenorphine. Nurse practitioners and physician assistants must also be waivered and have a practice agreement with a waivered physician.
Before buprenorphine can be prescribed for opioid treatment, the physician should conduct and document a patient assessment that covers the following:
The physician should query (ask for results of a patient search) from the Prescription Monitoring Program before starting any treatment and during treatment.
Prepare a treatment plan that includes the following:
During the induction phase:
Initiate treatment with no more than 8mg of buprenorphine, except when medically indicated if properly documented in the medical record.
The patient should see the doctor once a week
During the stabilization phase, the prescriber should increase the dosage of buprenorphine in safe and small increments to achieve the lowest dosage without causing intoxication, withdrawal, or significant drug craving.
During the course of treatment:
Make sure the medical record includes the following documentation:
The prescriber should refer the patient to a mental health service provider as defined by the Virginia Code Section 54-1-2400.1 for counseling or should provide counseling to the patient and document the counseling in the record.
Prescribers should NOT prescribe buprenorphine if the patient is already taking any of the following medications (unless there are extenuating circumstances and a tapering plan to achieve the lowest possible documentation is properly documented):
Limitations for prescribing buprenorphine mono-products
How to work with the following special treatment populations
Speak with an experienced Virginia workers’ compensation lawyer now
Many workers who are injured are prescribed medications to manage their pain. Attorney Joe Miller works with caring qualified physicians and with the legal community to understand the latest requirements that physicians must follow. He has helped thousands of injured workers get a just recovery. To make an appointment now, please call Joe Miller Esq. by phoning him at (888) 694-1671 or using his contact form.
Posted on Tuesday, September 5th, 2017 at 2:22 pm
Attorney Joe Miller explains what mediation is and how it can be helpful:
Posted on Thursday, August 3rd, 2017 at 10:04 am
At the Law Offices of Joe Miller Esq. and the Work Injury Center, we are very aware of the expanded use of opioids to treat work injury pain and other pain causes. As part of our continuing effort to keep informed and keep our clients and working partners informed, we are writing to advise of the latest guidelines developed by the Centers for Disease Control in Atlanta (CDC) for prescribing opioid medications. We have previously written about the new Virginia Laws on prescribing Opioids, which pretty much track the previously enacted CDC rules.
As we have reported previously, while we certainly support law enforcement and any and all efforts to curb this horrific national epidemic of opioid deaths, we are concerned that the passing of these laws and guidelines in response primarily to the actions of criminals and thugs will adversely affect our law-abiding injured worker clients. Many of our clients have suffered extremely serious injuries and opioids are often the best and only way to substantially decrease their pain after major surgeries or surgery failures.
The Centers for Disease Control in 2016 developed new guidelines in response to the opioid prescription crisis. Opioids are chemicals that work on nerves in the brain or the body to reduce the severity of pain. They are either derived directly from the seed pods of the poppy flower papaver somniferum , which is also used to make heroin, morphine and opium, or from synthesized derivatives of the plant or synthesized chemicals.
Sadly, many people are becoming addicted, overdosing, or abusing their prescriptions. The guidelines are specifically aimed at helping primary care doctors known when to prescribe the drugs and when and how to monitor their patients. The guidelines apply to patients who have pain that lasts three months or more. The guidelines do not apply to patients who take the opioids for cancer treatment, end-of-life care, or palliative care.
According to the CDC, opioid prescription use has quadrupled since 1999. Over 183,000 people have died due to their use or misuse of opioid prescriptions since that year. The recommendations are designed to provide standard current guidelines for clinical practices. Specifically, the guidelines target the choice of opioids that are prescribed, the proper dosage, how long the drugs should be used, what sort of follow-up doctors should do, and when the prescriptions should terminate.
The full guidelines can be seen here – Guidelines for Prescribing Opioids for Chronic Pain
The purpose of the guidelines
The purpose is help physicians make recommendations when they treat chronic pain. They are a “best practices” set of standards for responsible prescribing.
Non-opioid remedies are suggested such as exercise and cognitive behavior therapy. Non-opioid drugs such as anti-inflammatories are encouraged. The guidelines state the opioids should not be the routine recommendation. Even when opioids are prescribed, the doctor should combine their use with the other non-drug therapies for maximum benefit.
Doctors are advised to prescribe the lowest possible effective drug dosage and begin the treatment by using immediate-releasing opioids instead of opioids that are extended-release or long-acting. Opioid prescriptions should only be for the time needed to manage the pain duration.
Providers should follow-up with their patients by scheduling regular appointments to see if the benefits of the opioid prescription are causing their patient harm and whether their patients are applying the non-pharmacological treatments that are available.
What’s included in the guideline?
More specifically, the guidelines focus on the following three assessment areas:
How do the 2016 CDC opioid prescription guidelines differ from prior guidelines?
There are several key differences:
Additional Centers for Disease Control activities to address the opioid crisis
In addition to offering new guidelines, the CDC is attempting to help people suffer less from opioid abuse and helping families not have to bury a loved one who overdoses in the following ways:
The Prevention for States program evaluates how the state’s activities are working including focusing on relevant success stories. How well the program does will determine future national and state efforts.
3. Some of the strategies that have been developed or are being explored – for combatting the opioid crisis at the state level are:
4. The CDC is also working to have the states promote the use of the new 2016 CDC guidelines on Prescribing Opioids for Chronic Pain and in putting strong practices to work in the neighborhoods where drug addiction is the norm. The CDC is also working to develop and implement rapid response plans.
5. Improving the way data is tracked and used to help monitor the crisis
Categories of opioids
The CDC examines these four types of opioids:
Opioid analgesics (commonly referred to as prescription opioids) have been used to treat moderate to severe pain in some patients. Natural opioids, semi-synthetic opioids, methadone (a synthetic opioid), and some other synthetic opioids are commonly available by prescription.
Fentanyl is a synthetic opioid that is legally made as a pharmaceutical drug to treat severe pain, or illegally made as a non-prescription drug and is increasingly used to intensify the effects (or “high”) of other drugs, such as heroin.
Why the opioid epidemic is growing
Opioid deaths are rising across most every demographic including men, women, all races, and most ages. Over 60% of drug overdose deaths now involve an opioid. Some of the data statistics for opioid use are as follows:
According to the CDC, in 2015 there were nearly 62 deaths each day due to opioid abuse – over 22,000 for the year. This was a increase of 3000 over the number of prescription opioid deaths in 2014. A good part of the increase was due to the use of synthetic opioids other than methadone. One of the leading synthetic opioids that concerns law enforcement and is believed to be causing the increase in deaths is illegally-made or obtained fentanyl or carfentanyl. Carfentanyl has been previously described as a weapon of mass destruction and chemical weapon and is 10,000 times more powerful than morphine and 100 times more potent than fentanyl. The DEA issued a dire warning to the public regarding carfentanyl in 2016. Even casual contact with a small amount of the drug can cause sickness and death.
It can be hard to determine the exact cause of opioid deaths because the data doesn’t distinguish between legally and illegally-made fentanyl. The CDC is trying to address this disparity.
Between 1999 and 2014:
In about 20% of drug overdose fatalities, the death certificate does not list the specific drug that caused the death. Adding to the problem of determining which drugs caused an overdose death is that often multiple drugs (such as a prescription opioid and heroin) are found in the patient.
Prescription opioids are involved in more overdose drug fatalities than any other drug. It is believed that the proportion of deaths cause by prescription opioid use is actually higher than is being reported. Two of the reasons for the increase in opioid overdose deaths are believed to be:
Other risks from opioid use besides overdose deaths are abuse, addiction, and abuse
The prescription opioid epidemic affects more than 1,000 people each day.
Speak with an experienced North Carolina and Virginia workers’ compensation attorney today about opioid abuse
Attorney Joe Miller Esq. has been helping injured workers for over 25 years. He has helped thousands of employees get just recoveries. Part of his work as a workers’ compensation lawyer is helping clients work with skilled medical professionals to get the medical attention and care that is required. To learn more about your work injuries and the issues in treating them, please call (888) 694-1671 or fill out our contact form.
Posted on Wednesday, August 2nd, 2017 at 8:00 am
Attorney Joe Miller Describes the Joe Miller Law/Work Injury Center Seven-Step Elite Case Evaluation Process and what to expect when you call our office.
Posted on Friday, July 28th, 2017 at 9:17 am
Learn more about what to do if you’re injured on the job from The Workplace Injury Center and attorney Joe Miller.
Posted on Saturday, July 22nd, 2017 at 6:00 am
Learn more about what workers’ compensation is from The Workplace Injury Center and attorney Joe Miller.