What the Virginia Workers' Compensation Commission Does

If you suffer a workplace injury in Virginia, as an injured worker you will be subject to the jurisdiction of the Virginia Workers Compensation Commission for your comp claim.

1.You cannot sue your employer. Instead your sole remedy is to file a claim with the Commission within two (2) years of the accident date. This is true provided your employer has workers compensation insurance. If he does not, then you may have an option of suing your employer. HELPFUL HINT: You should consult an experienced workers compensation attorney about this possible option.

2.If your employer has regularly in service more then two employees, then he is required to have workers compensation insurance. HELPFUL HINT: Even if the employer does not have insurance when you are injured, you may still be able to recover your lost wages and medical bills from the Uninsured Fund. This Fund is a protection for workers who are the victims of an uninsured employer.

3.After being notified of an accident by the employee, the employer is required to file an Accident Report with the Commission. A failure to do so can subject the employer to a fine. However, the employer has no duty to do this if the employee fails to notify the employer of the accident. The employee is required to notify the employer of an accident within 30 days of the accident. HELPFUL HINT: An employee should always notify the employer immediately after an accident or he will face the risk that the accident will be denied.

4.The filing of the accident report by the employer will cause the Commission to send an informational pamphlet to the injured employee. HELPFUL HINT: If you never receive the informational pamphlet, this may mean the employer violated the law by not properly reporting your accident to the Commission. Nonetheless, you should still file a claim with the Commission.

5.If the insurer accepts the claim by the employee, then the insurer will normally send the injured employee an Agreement to Pay form to sign. Once the employee signs and returns this form the claims adjuster for the employer the insurer will file this Agreement with the Commission and the Commission will issue an Award stating the weekly compensation to be paid and stating the employee has lifetime medical benefits for the injury. HELPFUL HINT: If you have signed the Agreement to Pay but you never receive the Award from the Commission, then you need to check with the Commission to find out why an Award was never entered.

6.If the insurer fails to provide the employee with an Agreement to Pay form, then the employee is required to file a Claim for Benefits form with the Commission. This can be obtained by calling 1-877-664-2566. If the employee fails to file a Claim for Benefits form with the Commission within two (2) years of his date of an accident or within two (2) years of the communication to him of an occupational disease, his claim would be barred by the statute of limitations. HELPFUL HINT: On both the Agreement to Pay form and the Claim for Benefits form, it is crucial to list all injuries suffered in the accident.

7. The Commission maintains an Ombudsman Office. This is a troubleshooting division. They can also be reached at the above number and can resolve some conflicts between the employee and the insurer. HELPFUL HINT: Although the Ombudsman cannot be an advocate for the employee they can certainly help with delays in getting checks, payments of medical bills, etc.

8.If the employee files a Claim for Benefits and if it is not accepted, then the Commission will schedule an evidentiary hearing before a Deputy Commissioner who will conduct a hearing. The insurer will be represented by an attorney. HELPFUL HINT: They will have an attorney so the injured employee should also retain an attorney.

9.There are Rules of Discovery that apply to the Commission hearings regarding interrogatories, depositions, requests for admissions, independent medical examinations, etc. Therefore, it is next too impossible for a layperson to navigate through this litigation. HELPFUL HINT: The discovery rules by themselves illustrate why the employee needs an experienced workers' compensation attorney.

10. After hearing the evidence, the Deputy Commissioner will render a decision awarding compensation or denying compensation. From that decision, either side has 20 days from receipt of that decision to appeal to the Full Commission where the Deputy Commissioners decision will be reviewed by Three Commissioners. HELPFUL HINT: If you have erred and represented yourself at the hearing, then you still should retain an attorney for the appeal.

11. The review by the Three Commissioners is normally on the record. This means the Three Commissioners just review the record of the hearing and the written argument made by each side. It usually takes six (6) to eight (8) months for the Three Commissioners to issue a decision. It is next to impossible to add "new evidence" at this stage of the proceeding and that is why the evidentiary hearing before the Deputy Commissioner is so important. HELPFUL HINT: Because the appeal process takes a long time, you should make sure you ask your attorney if you should be filing other claims while the appeal is pending or doing something else to help your case.

12. After a decision by the Full Commission, there is a right of appeal to the Virginia Court of Appeals which must be filed within 30 days of receipt of the decision of the Full Commission. HELPFUL HINT: It is going to be next to impossible to obtain an attorney at this stage of the proceeding if you have lost your claim before the Full Commission; therefore, it is essential to obtain an attorney prior to the first hearing.

In summary, the Virginia Workers Compensation Commission is a neutral quasi judicial agency for resolving disputes between employers and employees regarding workers compensation claims. It is not allowed to take sides. Delays, misunderstandings, mistakes, etc. can sometimes be effectively addressed by using the Ombudsmans Office of the Commission. But if you have a serious injury and a significant claim, there is really no excuse for not obtaining an experienced workers compensation attorney to represent you. As a wise man once said, he who represents himself has a fool for an attorney.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Car Insurance for the Under 25's

With age being something that can have a significant impact on the cost of car insurance its always a good idea to shop around.

Car insurance quotes for the under 25s can make the cost of running a car totally unaffordable especially if the person concerned has had an accident or incurred points on their license.

One of the best ways of saving money on your car insurance no matter what your age is to get as many competitive car insurance quotes as possible. The availability of so many consumer products on the internet, including all types of insurance, means that it has never been easier to save money when looking to insure your car.

All the main players enable you to get car insurance quotes on line including Progressive, StateFarm, Allstate, Viking and Nationwide. Check them out or even better get a good insurance broker to do the job for you.

Other ways to help reduce your cost of car insurance if you are under 25 are:

Avoid sports cars and other vehicles that are considered high risk in the auto insurance industry. Cars with a higher risk of accidents, more expensive to repair or more prone to being stolen will push up your car insurance premiums.

Get married, a bit rash I know but married under 25s are often considered less of a risk with car insurance companies than their unmarried counterparts.

Give consideration to where you live. Living in an area that experiences a higher level of theft and vandalism will increase your car insurance premiums.

Drive with care and avoid speeding tickets or other convictions. Car insurance providers can come down hard on those with points on their licence particularly if they are under 25.

Never drink and drive. A drink drive conviction (DUI) will really push up your car insurance.

Some car insurance companies will reduce their premiums for those who lower mileage users.

Get quotes from insurance companies that can meet all your insurance needs. Discounts are now being offered to those whose cover more than one car through the same insurance company or who use the same insurance company for householders insurance or other types insurance as well as their car insurance.

Never assume that the same company will provide you with the best insurance quote year after year. Shop around every time your car insurance comes up for renewal, the odds are you will be able to better the deal.

Camry, Motor Trend's 2007 Car of the Year

2007 Toyota Camry, the redesigned version, won Motor Trend Magazines 2007 Car of the Year award. Said award went to all variations of the car including the hybrid. According to Angus MacKenzie, editor-in-chief of the magazine, Camry is innovative yet has a broad appeal. This is the first year said vehicle has won the award.

The Camry is the one car rival automakers all wish they could build. It offers something for nearly everyone performance, efficiency and roominess at a price point most Americans can afford, MacKenzie said.

According to the magazine, the version of Toyota Camry outshone 26 cars that are either totally new or redesigned before the year 2007. Japanese automakers had 10 cars, the US automakers has 6, 5 from Korea, 4 from Germany, 1 from Sweden, and also 1 from United Kingdom. MacKenzie said the redesigned Camry won in a very strong field. There have never been more choices available to American car buyers. That is a fact of life in the 21st century, MacKenzie added.

Motor Trend's staffers evaluated the entries according to their innovation in engineering, design, safety and technology; their performance and quality; and whether the vehicle delivers value to the consumer. In Motor Trend's search, Camry's competitors were Chrysler Sebring, Saturn Aura, Nissan Altima, Kia Rondo, Honda Fit, Mercedes-Benz S Class, Volvo C70 T5 and the Volkswagen Rabbit.

Through October this year, Toyota Motor Company reported 350,481 sales of Camry. So far, Camry is the hottest-selling car in the United States. Next to Camry is Toyota Corolla. The information was released by Autodata Corp.

Sixth generation of the vehicle uses redesigned auto parts for Toyota Camry. These parts are assembled at the Toyota plant in Georgetown, Kentucky; Aichi, Japan; and Melbourne, Australia. Camry is competing against Honda Accord, Hyundai Sonata, Nissan Altima, Mitsubishi Galant, Mazda6, Ford Fusion and the Chevrolet Malibu.

Corolla, on the other hand, is known for its low fuel consumption, reliability and distinct Toyota engineering. Corolla is manufactured in Japan, the United States, United Kingdom, Canada, Malaysia, Taiwan, Pakistan, South Africa, Brazil, Venezuela, China, Philippines, Thailand, Turkey and India.

The tenth generation Corolla was introduced in Japan this year. In this generation, the automaker incorporated advanced equipment to Toyota Corolla car parts. Advanced equipment include rearview monitor display, one-touch double folding rear seats, and Pre-crash Safety System. Toyota Corolla will be offered in Australia and United States next year.