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Workers' Compensation
The Workers’ Compensation Act is designed to eliminate litigation between employees and employers by establishing a “no fault” system that protects employers from civil suits by injured employees and protects employees from the loss of earnings and cost of medical care that may result from on-the-job injuries. Disputes between employers and employees may still arise, however, concerning such issues as whether the injury arose out of and in the course of the employee’s employment, the extent of the proper and necessary medical care, and whether or to what extent the employee is temporarily or permanently, partially or totally disabled. The attorneys in our Workers’ Compensation Defense Section have extensive experience at every stage of the Workers’ Compensation process. We have represented employers at the first level of the administrative process, through appeals to the Virginia Workers’ Compensation Commission, and on to review by the Virginia Court of Appeals. This experience enables us to step in at any stage of the process and provide clients with fluent, experienced and knowledgeable counsel. In addition to representing employers contesting and appealing claims for workers’ compensation benefits, we also assist our clients in asserting claims for reimbursement when a third party has been responsible for an employee’s on-the-job injury. These cases include situations such as where the employee was injured in a motor vehicle accident resulting from the negligence of a third party or was injured by a defectively designed or manufactured machine or piece of equipment. When the employee has asserted a claim against the third party, we assist our clients by placing liens on the employee’s settlement or judgment to the extent of the benefits paid. Harman Claytor will also initiate lawsuits directly against third parties responsible for an employee’s injury, if and when such suits are warranted. |
