Workers' Compensation Law Questions

1 Answer | Asked in Workers' Compensation Law for Virginia on May 26, 2012

Jerry Lutkenhaus's answer
Even if have a treating doctor for your injury, the insurance company is allowed to have you examined one time by an insurance company doctor. Usually, the insurance company is only allowed one examination per specialty. The insurance company is not ...
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on May 25, 2012

Jerry Lutkenhaus's answer
In most cases the answer is "no" because worker's compensation is limited to 500 weeks. In certain rare cases such as brain damage injuries or in cases involving the loss of two extremities one can apply for lifetime compensation.
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on May 25, 2012

Jerry Lutkenhaus's answer
Virginia requires WC insurance companies to cover medical mileage at the rate of 55.5 cents per mile. Virginia also means requires travel expenses for vocational trips be reimbursed at the rate of 55.5 cents per mile.
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on May 25, 2012

Jerry Lutkenhaus's answer
I agree with the problem as posed by the question and the answer. It is hoped that either the court or the legislature corrects this problem.
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on Mar 6, 2012

Jerry Lutkenhaus's answer
Virginia follows the actual risk test when it comes to accidents. So, just because you fall at work does not mean your accident is covered by Workers Compensation Insurance. You must establish a reason for the fall. This can be as simple as water on the ...
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on Mar 3, 2012

Jerry Lutkenhaus's answer
Generally, most contractors will want their subs to carry workers compensation insurance. That way the general contractor will not have to worry about a claim against them. However, the law only requires you to carry workers compensation insurance in ...
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on Feb 21, 2012

Jerry Lutkenhaus's answer
You have a difficult problem. With your WC claim, you would need to be able to prove an accident and disability caused by this accident. This does require medical evidence. It certainly does not sound like he can help you with your disability case. Not ...
 
 

1 Answer | Asked in Workers' Compensation Law for Virginia on Aug 9, 2011

Jerry Lutkenhaus's answer
If you had a WC accident on 12/29/10, then you had two (2) years from the date of the accident to file a claim with the Virginia WC Commission. Also, the insurance company can accept your claim by sending you an Agreement form to accept your claim. This ...
 
 

1 Answer | Asked in Workers' Compensation Law for Wisconsin on Jan 20, 2013

David M. Erspamer's answer
Yes, if there is a permanent injury, Wisconsin provides for an award. Also, if there is long term wage loss, the law provides for an additional payment called "loss of earning capacity." The injury is work related if the work is one of the ...
 
 

3 Answers | Asked in Workers' Compensation Law for Georgia 29 days ago

Julie A. Rice's answer
Not necessarily. It is best if you consult with an attorney and have somebody to assist you so that you are not taken advantage of by the insurance company.
 
 

1 Answer | Asked in Workers' Compensation Law for Georgia on Oct 25, 2013

Julie A. Rice's answer
If you are injured at work, then you most likely have a workers' compensation claim regardless of who was at fault.
 
 

1 Answer | Asked in Workers' Compensation Law for Georgia on Dec 5, 2013

G. Robert Ryan, Jr.'s answer
Many more details would have to be known in order to know if you might have a compensable workers' compensation claim. However, in general, an aggravation of asthma may be covered by workers' compensation. There is a 2008 case from the Georgia ...
 
 

1 Answer | Asked in Workers' Compensation Law for Georgia on Feb 6, 2014

G. Robert Ryan, Jr.'s answer
I assume that you are asking about a workers' compensation claim. The records of the State Board of Workers' Compensation are not open to the public. A party to a workers' compensation claim may request records of prior claims by filing a ...
 
 

8 Answers | Asked in Workers' Compensation Law for Pennsylvania on Jan 30, 2014

Richard Alan Jaffe's answer
You can always revoke the Medical Authorization at any time.I never allow my clients to sign Medical Authorizations, and one of the first things I do when retained by a new client is contact the Workers Compensation carrier and immediately revoke the ...
 
 

1 Answer | Asked in Workers' Compensation Law for Pennsylvania on Jan 13, 2014

Timothy Belt's answer
Maybe. The cases in regard to coming and going from work are very fact specific. I would suggest that you contact a workers' compensation attorney to review a possible claim.
 
 

1 Answer | Asked in Workers' Compensation Law for Pennsylvania on Jan 23, 2014

Timothy Belt's answer
Your employer may require you to use your accumulated personal and sick leave, but they will not tell you is that you may also be entitled to payment of workers' compensation wage loss benefits on top of the accumulated personal and sick leave. If ...
 
 

1 Answer | Asked in Workers' Compensation Law for Pennsylvania on Jan 29, 2014

Timothy Belt's answer
Talk to your lawyer about filing a Petition for Penalties alleging that the carrier has unilaterally suspended your workers' compensation benefits without a legal bases to do so.
 
 

1 Answer | Asked in Workers' Compensation Law for Pennsylvania on Nov 8, 2013

Timothy Belt's answer
Just because a lawyer has not requested medical records does not mean he does not have the medical records. Medical records are exchanged as part of the discovery process and they are almost always requested by the lawyer representing the insurance ...
 
 

1 Answer | Asked in Workers' Compensation Law for Pennsylvania on Dec 25, 2013

Timothy Belt's answer
I am not aware of any scenario under the Pennsylvania Workers' Compensation Act that would result in the injured worker having to pay back the workers' compensation carrier for the payment of medical bills.