workers’ compensation

In Virginia, there is an ethical rule that prohibits attorneys that are representing a client from speaking about the subject of representation with another person that is represented by another attorney for that matter.[1]  For example, say Employee A has hired Attorney A to represent her in a claim against Organization B before the Virginia Workers’ Compensation Commission (“Commission”).  The rule prohibits Organization B’s attorney from talking about the claim with Employee A without either Attorney A’s presence or permission, i.e. Organization B’s attorney could not have an ex parte communication with Employee A. But what about the reverse?  Does […]

Work-related injuries occur in an endless and variety of ways. In those instances where injuries happen when an employee is in the course of his/her employment and the accident arises out of a risk of that employment, workers’ compensation benefits should be available to the injured worker. If the actual injuries themselves were “caused” by a defective product or the negligence of a third party, then the injured employee can collect both workers’ compensation benefits and recover money damages against the third party at the same time. At first blush, Virginia law on this subject might seem like a double […]