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Latest News
Latest personal injury news from the experts at Rutter Mills.
Blogger: Shelly Barger
Dealing with a workers' compensation claim can be stressful but two things are very important and will make it easier to manage. These things are 1) documentation and 2) organization.
It is important for a person who has a workers' compensation claim to document everything, beginning with important facts about your injury. Everything that occurs in your claim - medical appointments, telephone calls, payments, etc - should be documented in a log. It does not have to be fancy - a school notebook works best for most people. Keep all the documents that you receive on your claim (whether it is paper correspondence or emails). It is also important to get work notes or disability slips from all medical providers. I suggest to our clients that they keep all medical appointments on a calendar as this makes mileage reimbursement submissions a snap!
Now that you have all of this documentation, what do you do with it? Organize it! Whether you are handling the claim yourself or have an attorney assisting you, organizing your documents will make handling the claim easier. Keeping medical records and work notes separate from claim correspondence and prescriptions receipts is so important. You can find divided file pockets just about everywhere - I bought some recently at the dollar store! Having your documents organized and easy to reference, really makes a difference.
This is a phrase heard a couple of times a week on TV but do you think it would every apply to you? If you have had a work-related injury, one of the first items of business for your insurance carrier adjuster is to take a recorded statement from you regarding your injury. We often caution our clients about giving a recorded statement to the adjuster and are present when the statement is being recorded. If you do not have any attorney, you should be careful here because the adjuster will not only ask you about your injury but about prior injuries and prior workers' compensation claims. Take the recorded statement serious as it will follow you throughout your claim. Be sure to listen to the adjuster's questions, keep your answers simple and do not offer any additional information that what is asked of you. If you have any concerns about giving a recorded statement, consult an attorney.
I was sitting in bumper to bumper traffic last night when I decided to count the number of cars in the HOV lane with only one passenger. I counted 15 cars before I was too disgusted to count more. I could not believe that there are so many people that totally ignore the HOV laws. Not only are "those people" breaking a law, they are being incredibly rude.
I was trying very hard to be patient and hoping for the "light at the end of the tunnel" soon, but I too had somewhere to be and I was going to be late. I had a fleeting fantasy of jumping into the HOV lane, but every part of me screamed "No, that’s not fair!" Why do so many people tempt fate and the State Police by succumbing to the desires of flying by the pathetic masses of people waiting in the freeway parking lot?
Personally, I would just feel so mean taking advantage of the fact that others will not break the law – others who have faith in the laws that created the HOV lane and believe in the system. So today, I had my father-in-law drop my son off at the office and I pulled proudly into the HOV lane on my way home. Unfortunately, I had to follow behind one car after another with only one passenger! So much for my shallow victory.
Not following the rules of the road can lead to serious accidents and serious injuries. If you or someone you know has been injured due to another's negligent acts while driving contact a personal injury attorney.
As Labor Day approaches, most of us think of Labor Day as a sign that summer is ending and school is starting. The origins of Labor Day date back to the late 1800s when all types of workers began to organize and demand better pay, better hours and better protection at work. The first Labor Day parade occurred in New York City in 1882 when 20,000 workers walked through the streets of the city making their demands known. The parade was followed by a picnic and fireworks. Labor Day celebrations quickly spread throughout the country and continue today. So on this Labor Day, take a minute to pause and reflect on those earlier workers who took to the streets to fight for the rights that we have today. Here at Rutter Mills, we always help people fight for their rights when they are injured at work.
A friend called me earlier this summer, upset because her teenage son had hit a bicyclist with her car and she was wondering if she needed an accident attorney. Apparently, her son was approaching a shopping center entrance and a boy pulled out in front of him, following his friends across the busy street. There was no traffic light or stop sign. The boy was not wearing his helmet. She was not sure of the extent of his injuries. My friend and her son were really shook up.
The teenage boy was not charged in the auto accident but that didn’t make him feel any better. His mother didn’t know whether she should call the boy’s parents to apologize.
I know the boy that got hit because he goes to school with my children. He is 10 years old. I have to wonder why he was riding with his friends across a busy street, especially without a helmet. It is a requirement in Virginia for children under 14 to wear a helmet when riding a bicycle.
As summer is ending and school will be starting soon, I hope that parents realize how important it is to remind children to safely cross the street and to never leave home on a bicycle without wearing a helmet. It might not be a bad idea if the parents also wore helmets, as I do, to reinforce the issue and set a good example.
It turns out the boy that was hit only suffered minor injuries; however, the emotional scars endured by the teenage boy may never heal.
Recent studies have shown a decline in workers’ compensation claims in Virginia and other states in the past two years. Our optimistic side would like to think that workplaces are becoming safer, however, it is more likely that the reporting of work-related injuries have decreased. In today’s economy, most people are concerned about losing their jobs and some fear that reporting a work-related injury will put their job in jeopardy. We can understand that fear but also know that it is very important to report all work-related injuries. By delaying the reporting of a work related injury (or not reporting it at all), an injured worker jeopardizes any benefits that they may be entitled to. If you have questions or concerns about reporting a work-related injury, most workers’ compensation attorneys (including Rutter Mills) offer free initial consultations at which all your questions can be answered.
The Court of Appeals decided that a restaurant employee who dislocated his shoulder and needed surgery when he threw up his arm to block ice being thrown at him by a co-worker could not collect workers' compensation. They came to this decision because his injury did not result from his emloyment however from horseplay that was not a part of his job resposiblities.








