If you've been injured on the job, navigating workers' compensation can feel overwhelming. We hope our weekly legal updates will help injured workers navigate the changing landscape of Virginia Workers Compensation Law. This week's decisions from the Virginia Workers' Compensation Commission offer valuable lessons that could directly impact your case. Here's what you need to know—and why having an experienced attorney matters.
Don't Let One Witness Derail Your Case: MORILLO v. VILLAGE CONCRETE
When a company representative testified against Mr. Morillo, he discovered evidence suggesting the testimony was false. Unfortunately, by the time he tried to introduce this evidence, it was too late. The Commission refused to reopen his hearing.
What This Means For You:
- Your initial hearing may be your only chance to present your full story
- A skilled attorney will identify all potential witnesses before your hearing
- Questioning problematic witnesses before trial through depositions can prevent devastating surprises
- Your lawyer should investigate thoroughly from day one—not after problems arise
Had Mr. Morillo been prepared with all relevant witnesses at his original hearing, the outcome might have been completely different.
Missing Doctor's Appointments Won't Automatically Cost You Benefits: WLOSZEK v. VIRGINIA LIVE FISH
When Mr. Wloszek missed two medical appointments—one due to confusion about the date—his employer tried to terminate his benefits. The Commission protected his rights, recognizing that occasional missed appointments don't equal refusing treatment.
What This Means For You:
- Life happens—a single missed appointment won't destroy your case
- Document any legitimate reasons for rescheduling medical care
- Demonstrate your commitment to recovery by attending most appointments
- An experienced attorney will defend against unreasonable benefit terminations
Mr. Wloszek's case shows how important it is to have someone fighting unfair attempts to cut off your benefits.
Don't Wait To File Your Claim—Ever: COLEMAN v. UPS
After suffering a head injury in 1999, Mr. Coleman waited until 2024 to file his claim. Despite challenging life circumstances including incarceration, the Commission denied his case because he waited too long.
What This Means For You:
- The two-year filing deadline is absolute—no exceptions
- Report workplace injuries to your supervisor immediately
- Even if you think you'll get better, protect your rights by filing
- An attorney can ensure your claim is properly filed before deadlines expire
Mr. Coleman lost potentially decades of medical treatment because he didn't act quickly enough. Don't make the same mistake.
Your Medical Benefits Can Last a Lifetime: SATCHELL v. TYSON FOODS
Twenty-six years after his knee injury, Mr. Satchell needed treatment. Though paperwork was missing, the Commission recognized his right to lifetime medical care—dating all the way back to 1999.
What This Means For You:
- Your right to medical treatment for work injuries can last decades
- Proper documentation of your case from the beginning is crucial
- The Commission can correct administrative errors in your favor
- An attorney ensures all necessary awards are properly entered
Mr. Satchell's case demonstrates how valuable proper legal documentation can be, potentially providing decades of covered medical care.
Why These Cases Matter To You
These real-life examples show why experienced legal representation makes all the difference in workers' compensation claims. From gathering evidence and meeting deadlines to ensuring proper documentation and defending your benefits—the right attorney protects your rights when you're most vulnerable.
If you've been injured at work, don't navigate this complex system alone. A skilled workers' compensation attorney will fight for the medical care and benefits you deserve while you focus on what matters most: your recovery.
Contact us today for a free consultation about your work injury case.
