5 Tips If You Are Fired After A Workers' Compensation Accident In Virginia

You have been "fired" by your employer. You had an accident on the job. You feel this is not right. This is the basic knowledge you need to know.

1. If you fired as a retaliation for filing an injury claim, you have a right under Virginia Law (Section 65.2-308 of the Code of Virginia) to sue your employer. You can recover actual damages and attorneys fees in this type of lawsuit. You may have to contact a wrongful discharge attorney who specializes in employment law.

2. If you are fired because you tested positive for drugs or alcohol at the time of the accident, you need to contact an experienced workers compensation attorney. The employer may have a right to fire you for a violation of its anti-drug policy but you still may be able to receive workers compensation if the drugs or alcohol did not cause the accident. The attorney may be able to show by a pathologist your drug or alcohol level was not the cause of the accident.

3. If you are fired after you return to work after an accident and are placed on light duty, you may lose your workers compensation benefits if the employer can show you were fired for misconduct such as violation of a drug policy, absenteeism, insubordination, fighting, etc.

4. If you return to work with the same employer where you suffered your work injury, the employer may look for an excuse to fire you. Thus, you must be aware the employer may look for an legitimate reason to fire you when you return. Therefore, you must be extra careful that you do not give the employer a legitimate reason to terminate your employment such as absenteeism, tardiness, insubordination, fighting, etc.

5. If you are fired from your job and you still have work restrictions as a result of your on the job accident, you can file with the Virginia Workers Compensation Commission to go back on workers compensation benefits provided the termination of employment was not due to your own misconduct and provided you are within two (2) years of the last date you received workers compensation benefits.

Summary, it is bad enough to be injured on the job. It can add insult to your injury if you are also fired as a result of your accident. There are certain things you need to know if this happens. I have listed some tips about this scenario. The main thing to know if this happens is you should first consult an experienced workers compensation attorney and then perhaps a wrongful discharge attorney.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers' Compensation law in the Richmond, Virginia area for over 30 years. He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.

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Tort Law - Refuge Of The Injured

In today's harsh realities, people from all walks of life are always at the risk of getting into various accidents. More often than not, other people or groups of people have been engaged and could be held liable with the accidents that happened. It may be due to their connection in school, at work, or at a given community. Depending on how the physical, mental, or emotional harm is sustained, these incidents bring about personal injuries which may be slight or serious.

Consequently, personal injury law, otherwise known as the tort law, acknowledges the wrongful acts inflicted to an affected party and therefore giving him the right to file a case in court as long as his claims can stand and have sufficient merits. Some torts can be considered as criminal offences that can cause the imprisonment of the accused. On the contrary, the tort law was enacted to provide help and justice to the victims who incurred injuries and prevent it from happening again which may further harm others and eventually cause more serious damages or even intensify the consequences.

More so, personal injuries are classified into three general categories. First, intentional torts, which are classified to those criminal acts the accused have or should have the knowledge on what will be the effects of his acts or failure to act such as striking a bystander with much intent of afflicting him. Second, the negligent torts are those incidents that happen due to the defendants irrational and precarious acts like defying traffic regulations that set off a mishap causing injuries to a pedestrian. Last, strict liability torts are those that are established when an act results to inflicting damage to other people and do not rely on the extent of cautiousness done by the defendant. Thus, producing and selling substandard products can be included in this category. Though, there are also the so-called specific torts, like negligence, assault, battery, trespass, products liability, and intentional infliction of emotional distress among others.

Accordingly, these general categories of the tort law draws out the theory for each separate case being filed by an injured party. For instance, the improper and incompetent approach of a medical practitioner, way ward the standard procedure, that causes further deterioration of a patients condition can be a clear grounds for the patient to file a case against the negligent doctor. Meanwhile, the hospital can be sued for liabilities because of employing the negligent doctor. An altogether different case would then occur if evidences point the doctor to intentionally prescribing the wrong medication for the patient.

Furthermore, there are accepted principles that govern on what types of damages can be expected by a person. Nonetheless, whatever damages those are, the needing payment by the accused party would depend on the case established by the injured party. Some may sue for an injunction to prevent the continuation of a treacherous conduct or operation. Some demands for monetary damages. Other types of damages the injured party may recover are as follows loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. In brief, in tort law, the damage is defined as a remedy that comes in a form of monetary compensation to the harmed party. One may also seek the assistance of a qualified lawyer to help him out in this legal matter.

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