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Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

When settling an on the job personal injury case "don't pay for stuff you don't have to !"

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Does an injured worker really have to pay for all the stuff the workers comp insurance company paid for when settling their negligence case ? According to Leesburg injury lawyer Doug Landau, "No." It dfoes not matter whether they were in a car crash, attacked by a dog, scarred by a defective product or injured in a dangerous premises. While the injured victim of an on the job accident is responsible for paying back wage loss benefits, medical treatment, prescriptions and transportation costs, they are generally not responsible for paying back the employer and insurance carrier’s legal costs, medical examination charges, nurse case manager, vocational rehabilitation and medical management costs.
The employer and their workers compensation insurance carrier is reimbursed for medical care and weekly benefits only, not administrative expense such as:
legal costs (lawyers, paralegals, subpoenas, depositions, etc.), document duplication (i.e., the VWCC file, medical records, personnel file, etc.), medical examination charges (often called an "IME" or "Insurance Medical Exam"), private investigators/surveillance, medical utilization review, nurse case manager, vocational rehabilitation, and medical management costs.
There is Virginia Workers Compensation Commission ("VWCC") authority on point: Lockwood v. Automatic Control of Tidewater, 63 O.I.C. 219 (1984) and Washington v. Miller & Rhoads, 68 O.I.C. 250 (1989). While insurance companies, employers and their lawyers often try to claim these items, when the ABRAMS LANDAU trial team confronts them with the applicable Virginia case law, they back down and withdraw their claims for these expenses, saving our clients thousands of dollars. While the insurance companies ARE allowed to get paid back on their "IOU," they can only claim certain expenses. If you, or someone you know, has had a serious and disabling on the job accident where someone else may have been at fault, please e-mail or call us at ABRAMS LANDAU (703-796-9555).