Brandon Osterbind settled a workers compensation case for $235,000.00 for the remaining benefits for a client who was injured on the job in 2008. Workers comp was ordered to pay for all of the claimants medical expenses and 2/3 of his average weekly wage from 2008 until the final settlement order was entered this year.
Over the past six years, the Claimant recovered over $200,00.00 in wage and medical benefits and with the settlement, the Claimant’s total recovery was over $440,000.00. During that six-year period, the insurance company fought several treatments and prescriptions of the Claimant’s treating doctors and Osterbind had to file several requests for hearings to compel the medical benefits which are guaranteed by Virginia Code § 65.2-603.
After the claimant reached maximum medical improvement, his doctors opined that the Claimant would never work again and that he would have to treat his pain for the rest of his life. The Insurance Company denied that the Claimant was permanently disabled and claimed that he was able to do less strenuous work and earn a partial living. After a long mediation, the parties agreed to fully and finally settle the claim for $235,000.00.
In Virginia, if an employee is injured or dies because of and during the course of his employment, the worker or the worker’s dependent spouse or children, are entitled to recover from the Employer for the medical expenses for life and, if deceased, funeral expenses. Additionally, if the claimant is temporarily disabled either totally or partially, he is entitled to a portion of his average weekly wage to help him get through his injury until such time as he is physically able to return to work up to 500 weeks.
Unfortunately, the Workers Compensation Act does not provide employees with compensation for the emotional loss caused by your injury or caused by the untimely death of your loved one. In most instances, workers’ compensation is your exclusive remedy. However, if you were injured or your loved one died during the course of his employment and as a result of the negligence of another person who does not work for the employer, then you may have two claims, one against the employer and another against the person causing the injuries.
I offer free consultations to all personal injury and workers compensation victims. We will review your case for free and advise you regarding the proper steps you should take to protect your interest.
The Virginia State Bar requires that we give a disclaimer whenever we talk about case results. As we are sure you already know, the case result described above must be read in context with the unique facts of this particular case. Each case result depends upon a variety of factors unique to each case, which is why we describe those facts in detail. To be clear, this case result does not guarantee or predict a similar result in any future case undertaken by the lawyers at Osterbind Law, PLLC.
