On July 21, 2009 the Virginia Workers’ Compensation Commission upheld the rights of an injured worker whose arm was dragged into a PTO shaft of a post-hole digger after a three hour evidentiary hearing.
On February 11, 2008, a string from the worker’s jacket was blown into a post-hole digger causing his arm to be pulled into the augur. The worker was diagnosed with right rib fractures, a complete tear of the right supraspinatus, infraspinatus and subscapularis tendons, a right biceps tendon dislocation, a right superior labrum tear, and severe nerve damage down the right arm.
The employer had originally thought he had purchased workers compensation coverage through his liability carrier; however, he learned after the incident that his business was completely uninsured for workers compensation injuries. Over the following months, the case was heavily contested and litigated by both the uninsured employer and the “Virginia Uninsured Employer’s Fund.”
The employer alleged that the claimant had been smoking marijuana just prior to the accident and the worker leaned across the moving machinery against the advice of coworkers. Virginia injury lawyer Thomas McWeeny was able to prove that there were no tests performed on the date of the accident or testimony from the employer’s witnesses that could establish that the worker had been intoxicated. This, along with the credible testimony of the injured worker, his girlfriend, and his coworker, persuaded the Virginia Workers Compensation Commission that the worker was entitled to benefits.
Because of Mr. McWeeny’s efforts, the judge ruled the worker was entitled to lifetime medical benefits, past due benefits, as well as weekly benefits while the worker remains unable to work. Further, this result will allow the injured worker to finally undergo surgery to his injured shoulder that he could not afford. In addition to workers compensation accidents, Mr. McWeeny represents clients in car accidents, products liability, personal injury, medical malpractice, slip and fall accidents, and construction accidents.
If you would like to set up a free consultation with our Washington, D.C., Virginia or Maryland injury lawyers, please contact our office online or call us at (800) 724-4221.