Workers Compensation

The Virginia Workers’ Compensation Act provides a legal framework to compensate injured workers for job-related injuries. It was designed to ensure that workers and their families are properly cared for and compensated following workplace injuries.

Representative Clients

Over the years, Attorney Diane McNamara has been honored to serve the following clients seeking legal redress for their injuries.  On numerous occasions, Attorney McNamara has also successfully appealed cases that helped shape Virginia law.

A steam roller operator engaged in a work related argument

A steam roller operator engaged in a work related argument with his foreman dismounted the roller without shutting the engine off.  The machine rolled over his leg, fracturing his tibia.  The employee’s negligent failure to shut the steam roller engine off after dismounting did not prevent recovery because it did not amount to willful misconduct. Read More

A 48 year-old forklift operator sustained a serious shoulder injury

A 48 year-old forklift operator sustained a serious shoulder injury in the course of his employment. The forklift operator’s neck injury went undiagnosed until shortly before the two year limitation period. When the insurer denied the claim for injury to the cervical spine, Attorney McNamara promptly filed and pursued the claim for neck injury, which was determined to be compensable. Read More

A Hispanic laborer who was not legally eligible to work

A Hispanic laborer who was not legally eligible to work in the United States fell from a 9 foot wall onto chunks of concrete below, resulting in total paralysis.  Wage loss and medical benefits were recovered for the undocumented worker. Read More

A commuter bus operator was seriously injured in a head-on collision

A commuter bus operator was seriously injured in a head-on collision with a drunk driver who crossed the median.  Attorney McNamara worked closely with the attorney pursuing the claim against the negligent third-party, and a global settlement of all claims was achieved.  The settlement included full waiver of the workers’ compensation carrier’s lien, and payment of a significant lump sum to the employee by the workers’ compensation carrier, in addition to sums re… Read More

A career firefighter was diagnosed with post traumatic stress disorder

A career firefighter was diagnosed with post traumatic stress disorder after 20 years of exposure to serious injuries and fatalities.  The claim was originally filed as an injury, but was rejected by the Virginia Workers’ Compensation Commission.  The claim was subsequently filed as an occupational disease claim.  For the first time, the Supreme Court of Virginia recognized the compensability of post traumatic stress disorder as an occupational disease. Read More

A flight attendant sustained sudden, permanent loss of hearing

A flight attendant sustained sudden, permanent loss of hearing as a result of change in cabin pressure that occurred during ascent of an aircraft.  The insurer denied the claim on grounds that it was a gradual, cumulative injury resulting from repetitive trauma and therefore, not covered under the Virginia Workers’ Compensation Act.  The employer also asserted alternatively that the claim was barred by the flight attendant’s willful misconduct because she flew with… Read More

A young electrician’s treatment for serious back injury

A young electrician’s treatment for serious back injury was being monitored by a nurse case manager hired by the workers’ compensation carrier.  The treating doctor documented complaints concerning the nurse case manager’s interference with his treatment plan.  Attorney McNamara requested a hearing before the Workers’ Compensation Commission seeking to remove the nurse case manager from the claim.  When it was time to go to court, the nurse case manager claime… Read More

A teacher’s assistant helping handicapped children injured her back at work.

A teacher’s assistant helping handicapped children injured her back at work.  The employer denied the claim for wage loss.  While the claim was being docketed for hearing, she was released to light duty, but was unable to perform her pre-injury work with disabled children.  In Virginia, an employee released to light duty who is not under an Award must prove that they have made a good faith effort to search for light duty work in order to recover wage loss benefits.… Read More

A candy merchandiser who sustained a work-related injury to her right

A candy merchandiser who sustained a work-related injury to her right shoulder, suffered injuries to her neck and left shoulder as a consequence of overuse following the initial injury.  The insurer denied the claim for injury to the left shoulder and neck as a consequence of overuse.  Attorney McNamara successfully prosecuted the claim for consequential injuries to the left shoulder and neck.  Because the initial right shoulder injury and its consequences have result… Read More

A neonatal nurse rushed to attend to a baby whose monitor was on alert.

A neonatal nurse rushed to attend to a baby whose monitor was on alert.  The nurse slipped and fell on the unusually slick hospital floor and injured both wrists, her knee, neck, and back.  The insurer accepted the claim for selected injuries, but denied other injuries.  The insurer also claimed that the nurse was earning significantly less money than she was at the time of her injury, resulting in undercompensation.  Attorney McNamara successfully prosecuted the cla… Read More

A garage door mechanic with a wife and young children injured his back

A garage door mechanic with a wife and young children injured his back and was subsequently terminated by the employer, allegedly for poor work performance.  Attorney McNamara successfully claimed wage loss benefits despite the worker’s termination from employment because he was assigned to perform work outside the restrictions imposed by his doctor. Read More

A hostess slipped and fell on the wet ceramic tile floor

A hostess slipped and fell on the wet ceramic tile floor at the restaurant where she worked, resulting in multi-level disc herniations in her back.  She retained Diane McNamara soon after she was injured.  Over the years, the hostess underwent eight back surgeries.   There was significant loss of function in her legs, and the hostess was never able to return to any form of work.  Upon expiration of the 500 week maximum wage loss period, Diane McNamara filed a claim… Read More

A hotel worker sustained a torn rotator cuff when he was moving a large table

A hotel worker sustained a torn rotator cuff when he was moving a large table through a door while setting up for a banquet.  The employer and insurer denied the claim and alternatively, asserted that the worker should not be compensated for wage loss from his second, similar job.  The matter was heard before the Virginia Workers’ Compensation Commission, and the insurer was ordered to pay wage loss based on the combined earnings from both jobs and to pay for medical… Read More

An inventory specialist sustained a serious back injury requiring surgery.

An inventory specialist sustained a serious back injury requiring surgery.  She did not retain an attorney because the insurer paid wage loss and medical expenses associated with her claim.  She failed to file a claim for injury with the Virginia Workers’ Compensation Commission within two years of the accident.  The statute of limitations passed, and the insurance company refused to pay any further wage loss or medical expenses.  Even though the insurance company… Read More

A restaurant server was entering an order into a micro computer

A restaurant server was entering an order into a micro computer in the restaurant kitchen, when co-workers began pelting him with ice from behind as a joke.  The server turned around, and when he raised his arm to shield his face from incoming bits of ice, his shoulder dislocated.  Surgery was required.  The Deputy Commissioner who heard the case determined the server was the “innocent victim of horseplay,” and that the claim was compensable.  However, on appeal,… Read More

Representative Clients

A career firefighter was diagnosed with post traumatic stress disorder after 20 years of exposure to serious injuries and fatalities.  The claim was originally filed as an injury, but was rejected by the Virginia Workers’ Compensation Commission.  The claim was subsequently filed as an occupational disease claim.  For the first time, the Supreme Court of Virginia recognized the compensability of post traumatic stress disorder as an occupational disease. Read More

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