Questions Answered by Jerry Lutkenhaus

Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 15, 2017

While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.
View Details »

Q: Am i entitled to a settlement if I been out of work for four months from a lumbar sprain the Dr's release me today

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Nov 14, 2017

If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just to close the books on your claim, the insurer could offer you a minor settlement but they are "not" required to do so.
View Details »

Q: I've been collecting my deceased husband's SS since retiring, but I will get more when I turn 70, right?

1 Answer | Asked in Social Security for Virginia on
Answered on Nov 1, 2017

It is my understanding if you "delay" taking benefits until age 70 then you receive higher benefits. However, this does not appear to be your case since you did not "delay" taking benefits. You should of course check with your Social Security Office to make sure nothing higher is available. Perhaps, if you have not drawn under your own number, then your money under your own number will be higher than drawing under your husband's number.
View Details »

Q: Won a work comp case, medical benifits awarded Dec 29,2016. Need surgery on fractured foot. They sent an ADR letter

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Oct 25, 2017

If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.
View Details »

Q: I have been out of work for a year first doctor messed up broke heal bone have screws was put on permanent restriction

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 17, 2017

You need to contact an experienced workers' compensation lawyer. As I see the big issue in your case is whether or not you will be able to obtain a new job that equals or exceeds your pre-injury job. Your chances of doing that will probably determine the value of the remainder of your claim. Another question will be whether or not you need pain management for the rest of your life.
View Details »

Q: Do I need an attorney? Suffered TBI at work from stuck door hitting me in head, management knew about door problem.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Oct 17, 2017

The medical care is supposed to be directed by your treating physician and not by the insurance company. You should consult an experienced workers compensation lawyer about this problem with the insurance company.
View Details »

Q: How much can I get from a back injury at work through a settlement with works comp?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 7, 2017

You have a tough situation. You indicate you failed a drug test and your benefits were suspended. I assume the insurer is contending you failed to comply with medical care by taking illegal drugs. At the hearing the insurer will document this by providing the report from the Doctor. Unless the Doctor is willing to re-test you it may be difficult to "cure" this non-cooperation with medical care.Your benefits are "only" supposed to be suspended during the period of the refusal. One big issue is...
View Details »

Q: I was awarded med benefits for my injury that happened at work i have been seeing the same physician that Initially

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 29, 2017

This is the procedure. You have an accident. You report it to your employer. The employer reports it to is WC insurance carrier. Then, the insurance company is supposed to send you a panel of three (3) doctors to pick a doctor from. When you pick that doctor, that doctor becomes the "authorized" doctor. Sometimes it does not work that way. In your case, it appears you went to the ER and got treatment at the ER. If the surgery was done by the ER doctor, then you should be OK. You need to contact...
View Details »

Q: i need help getting my ssi. can u help?

1 Answer | Asked in Social Security for Virginia on
Answered on Sep 26, 2017

Your application for SSI or welfare disability is dependent on your age, your past work, your education and skills, your impairments, and the medical care you receive. Generally, if you are under age 50, you have to show you cannot do "any" job in the economy. You have to show you cannot do any of the jobs you did in the last 15 years. You must show your skills and education do not allow you to other jobs. You must show you are under medical treatment for your ailments and that your doctor's...
View Details »

Q: If I'm a building contractor that hires an electrician one time, are they considered "regularly employed"?

1 Answer | Asked in Workers' Compensation and Employment Law for Virginia on
Answered on Sep 22, 2017

You indicate you are a building contractor. You did not indicate how many employees you have. If you have two (2) or more employees regularly in service, then you need to provide workers' compensation coverage. If you sub out the electrical work, then the electrician is an independent contractor and should carry his own workers' compensation coverage. You should make sure the agreement is clear he is an independent contractor and not an employee (who is paid by the hour and supervised by you).
View Details »

Q: Does Virginia require an examination by their drs to close a workers comp case.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 18, 2017

I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5 cents per mile. She can decline but I would talk this over with an experienced workers compensation lawyer first before she did this.
View Details »

Q: Can I return to work, different/same position, while waiting to see a doctor? Or while waiting to be approved?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 18, 2017

If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers' Compensation law.
View Details »

Q: 2nd Degree burns with permanent Scar on forearm working fastfood is this a legit case to sue and what is reasonable

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Aug 9, 2017

If you were injured at work, you can file a claim for permanet scarring with the Virginia Workers Compensation Commission if your scar is at maximum medical improvement.
View Details »

Q: I was recently injured on the job and I was denied workers compensation because my work will not take care of it. Help?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jul 31, 2017

There can be many reasons why a Claim is denied. All I can say is check with an experienced WC lawyer.
View Details »

Q: I am being required to have a test done by my employers preferred doctor. I have already sent letters of results from my

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
Answered on Jul 31, 2017

Under Virginia Workers Compensation law, you have the right to request a panel of 3 authorized physicians from the employer or its WC insurance company. Then you can pick your treating doctor from the panel. The employer/insurer also has the right to send you to an Independent Medical Exam (IME). An IME is with a defense doctor and is usually not treatment, just an opinion. You might have to sign a medical release.
View Details »

Q: I work as a bouncer and get paid cash nightly.I was injured and am out of work for minimum of two months. Am I entitled

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Answered on Jul 31, 2017

Yes, if your employer had more than 2 employees regularly in service in Virginia. You should file a Claim for Benefits with the Virginia Workers Compensation Commission and consult an experienced Virginia work comp attorney.
View Details »

Q: What kinds of things typically come out during pretrial discovery in lawsuits?

1 Answer | Asked in Employment Law, Estate Planning, Traffic Tickets and Workers' Compensation for Virginia on
Answered on Jul 31, 2017

For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond to pretrial discovery or interrogatories from the defense attorney without first consulting an experienced Virginia work comp lawyer.
View Details »

Q: my son had a ground level fall at work and injured his head....he has no memory of why he fell and no witness

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Jul 31, 2017

Check with an experienced Virginia work comp attorney IMMEDIATELY and BEFORE he gives any statements to his employer or to the employer's work comp insurance company!
View Details »

Q: I work on a pick up construction crew - is the boss responsible for workers' comp?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 31, 2017

If the employer has more than 2 employees regularly in service in the state of Virginia, then the employer is required to carry Workers Compensation insurance. The injured worker still has the right to file a Claim for Benefits with the VWC Commission within 2 years of the accident. Check with an experienced work comp attorney, especially if you are a day laborer or paid cash under the table.
View Details »

Q: If Va if your a state employee does the Commonwealth have to settle your workers comp claim

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 31, 2017

No. If you're not currently collecting state health benefits, they "MIGHT" be willing to settle your Virginia Workers Compensation claim.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.