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Latest personal injury news from the experts at Rutter Mills.

Blogger: Blythe Scott

Blythe Scott
Blythe Scott has practiced since 1999 in various areas of the law including civil litigation, bankruptcy, traffic matters and residential real estate. Since her principle interest is in helping people, she now restricts her practice to workers' compensation for both State claims under the Virginia Workers' Compensation Act and Federal claims under the Longshore Act as well as social security claims.

Mrs. Scott is an active member of her community serving on the Board of Directors of the YWCA and as co-chair for the 2008 YWCA Women of Distinction Luncheon. She also serves as an appointed member of the Board of Zoning Appeals for the City of Norfolk, a Commissioner for the Norfolk Airport Authority and a member of the Norfolk State University Foundation, and the Norfolk Convention & Visitors Bureau.

Don’t Be Confused about Workers’ Compensation and Third Party Workers’ Compensation

Workers' Compensation is a program implemented by every state in the U.S. to cover medical treatment, lost wages and other compensation for workers who are injured or become sick while on the job. Workers' compensation also provides benefits for the families of an employee who dies while working.  Under state workers' compensation laws, there is no need to prove fault or liability. Employers agree to pay medical bills and a portion of wages if an injury occurs on the job, and injured workers agree not to sue employers.
How to File for Workers' Compensation:
Your first step in filing for workers' compensation is to inform your supervisor about your injury (unless it is an emergency situation). You must inform your employer in writing within 30 days of your injury to be eligible for workers' comp. Workers' compensation claims are handled by a state workers' compensation board.
Third Party Workers' Compensation Claim
In addition to receiving workers' compensation, if you are injured on the job as a result of a third party's carelessness or mistake, you may be able to receive additional compensation with a third party claim. Basically, if you are injured because of a defective part on a piece of equipment, you may have a third party claim against the manufacturer of that equipment.
In a third party injury case, a personal injury lawyer will file a claim against the third party in a civil court of law on your behalf. The claim may allow you to be compensated for medical expenses, all lost wages, loss of future earning capacity and pain/suffering.
If a third party claim is viable, it can mean the difference between only partial compensation or full compensation for all losses for the injured worker.
A third party claim must be filed within two years of the date of an accident.
If you have any questions about workers' compensation or third party workers' compenstion please call the personal injury attorneys at Rutter Mills.

 

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Have You Read the Virginia Workers' Compensation Act?

If not, you should visit the Virginia Workers’ Compensation Commission and read what rights you have. This can help you understand who and what you are up against when you file your claim.

If you don’t know what your rights are, you may accept anything the insurance carrier or their attorney tells you without knowing what is going on and the fact that you are being taken advantage of. Remember, knowledge is power! If you have read some of the details of the Virginia Workers’ Compensation Act, you can avoid signing documents that you shouldn’t or accepting whatever the comp insurance carrier may offer to you.

If you or someone you know is having trouble receiving workers’ compensation, please call Rutter Mills for a free review of your case.

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Virginia Demands User Data However Facebook Refuses

Good news for Facebook users! Virginia has stopped its attempts to make Facebook show the complete contents of a user's account in order to settle workers' compensation disputes. The Virginia Workers' Compensation Commission will no longer ask for a $200-a-day fine on Facebook for refusing to share user information. Arguments developed when a personal injury firm in New York noted that an accident victim claiming to be severly injured was shown playing in soccer games from photos posted on Facebook. Facebook's response was that "users...rely on Facebook to protect their data and vigorously enforce the privacy decisions they make on Facebook."

Always be careful what you post on the Internet because it could present issues for your case.



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Case results depend on a variety of factors unique to each case. Past successful case results do not guarantee or predict future results. Rutter Mills law firm serves clients throughout Southeastern Virginia including: in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News, Yorktown, Williamsburg. Through our Roanoke office, we are proud to represent clients in Roanoke, Lynchburg, Blacksburg and throughout the New River Valley and across the East Coast.

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Norfolk Office

 

160 W. Brambleton Ave.
Norfolk, VA 23510


Phone: 757.622.5000
Fax: 757.623.9189
Toll Free: 800.515.3000

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Newport News Office

 

4702 Washington Ave.
Newport News, VA 23607

 

Phone: 757.622.5000
Fax: 757.240.4318
Toll Free: 800.515.3000

 

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Roanoke Office

 

4648 Brambleton Ave
Roanoke, VA 24018


Phone: 540.982.3524
Fax: 540.982.3559
Toll Free: 800.515.3000

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