Posts Tagged ‘Products Supplies’

Mental Stress: Can I Get Workers’ Compensation for this in Virginia or Will My Claim be Denied

November 19th, 2022

In my 30 years of practice as a Virginia Workers’ Compensation Lawyer, I have had many claimants contact me and say my work or my supervisor is causing me mental stress. Many times these claimants have gone to a psychiatrist or a psychologist for treatment. Often, the impairment has become so severe they have been taken out of work. They want to know can they be compensated for their lost time through the Virginia Workers’ Compensation system. They say (1) my stress happened at work and (2) my doctors say I have lost time and incurred medical bills due to this stress. They say why cannot I be compensated under the workers’ compensation law?

The short answer is “NO” as a general rule mental stress is not compensable. Gradual infliction of mental stress by your work or by your supervisor is not an “accident” or a “disease” under the Virginia Workers’ Compensation law. As defined by the Workers’ Compensation Commission, an “accident” to be compensable must occur at a specific time and thus gradually occurring mental stress cannot qualify as an accident. It is also not an occupational disease unless it can be shown that mental stress is “characteristic” of only that employment which is normally an impossible burden. The Commission has said in the past problems associated with personnel and management are inherent in all employment.

A Reckless Driving Charge In Virginia Can Ruin A Vacation

April 22nd, 2022

Spring is in the air. As the school year winds to a close, many families are planning their summer vacations. Virginia is a popular destination spot for travelers. Civil War battlefields, Shenandoah National Park, Virginia Beach, Williamsburg, Yorktown….and state troopers with flashing blue lights. Nothing can ruin a sunny day trip on the highways of Virginia faster than being cited for a reckless driving ticket and a mandatory return trip for traffic court.

Reckless driving in Virginia is one of the few traffic violations that has been elevated to a misdemeanor criminal offense. It is the same classification as a driving under the influence (DUI), hit and run, assault and petit larceny. In Virginia, a reckless driving conviction, like all Class 1 misdemeanors, may result in a fine up to $2500 and jail for up to 12 months, as well as suspension of your driver’s license for up to 6 months (even out-of-state licenses). In addition, Virginia requires you to come to court to answer the charge. You may not prepay the ticket. As you might image, enlisting the help of a Virginia reckless driving lawyer would be a wise choice.

The traffic code in Virginia defines no less than 14 specific acts that may be charged as reckless driving. The most common act is speeding; others include, racing, failure to signal, passing a stopped school bus, riding two abreast in a single lane (motorcycles), failing to stop before entering a highway from a side street, and passing on a hill crest.

Speeding twenty miles over the speed limit is charged as reckless driving. Also, regardless of the posted speed limit, traveling over 80 mph is reckless driving, even if the posted speed limit is 70 or 75 mph. Depending on why you are stopped, and your dealings with the officer, he has the authority to immediately take you into custody and to impound your vehicle. Generally, these drastic measures are only exercised if you are travelling in excess of 100 mph, you cause an accident, or you are attempting to escape.