Shot from Ambush - Was Workers' Compensation Available for This Murder in Virginia?

The widow had suffered the death of her husband. He had been shot from ambush. She wanted to know if compensation was available for her.

She said it was 7:00 in the morning and Mr. Smith, her husband, was opening his carpet store. There was a shot and Mr. Smith fell to the ground mortally wounded.

Mrs. Smith came to my office and inquired if she could receive workers compensation death benefits due to her husbands murder. In Virginia if a worker dies due to a cause related to his employment, his widow can be paid his funeral bills and 500 weeks of compensation.

The police had investigated the murder. They had narrowed the suspects down to one person. He was a disgruntled former employee who had made some threats against the deceased.

At the criminal trial the prosecution revealed that the suspect had been a fan of CSI and had destroyed all of the physical evidence. However, the suspects own daughter testified he had told her he had shot Mr. Smith. With this and other circumstantial evidence, the jury convicted the suspect of Mr. Smiths murder.

I used the same evidence that the prosecution had used to convince the insurance company to accept the widows workers compensation claim. I contended the assailant had shot Mr. Smith as a result of Mr. Smith's termination of the assailant from his job at the carpet store. The insurance company agreed to accept the claim prior to the workers compensation trial. The widow received payment of the funeral bills and has started receiving weekly compensation checks. It was still a sad story but we did obtain some relief for the widow.

I believe we could have successfully shown Mr. Smith's death was caused by his work.

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.

Jerry Lutkenhaus is a practitioner of Workers Compensation Law and Social Security Disability Law in the Richmond, Virginia area for over 30 years. He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.

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