Questions Answered by Jerry Lutkenhaus

Q: Can you loose your Lifetime medical award ?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 9, 2019
Jerry Lutkenhaus' answer
In a way yes, if the authorized doctor says you no longer need medical care for your injury, then that is the effective end of your medical coverage. You can also lose medical care if you refuse medical care that could correct your medical problem. If losing medical care is an issue, you should contact an experienced WC lawyer to discuss your case.

Q: Injured on the job and haven't missed any time from work can you still file for wage loss benefits

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 9, 2019
Jerry Lutkenhaus' answer
If you were injured on the job and have not missed any time from work, then you cannot file for any wage loss benefits because you have "not" suffered any wage loss. You should contact the Virginia Workers Compensation Commission and make sure your a medical award is entered in your case. You can contact the Commission at 1-877-664-2566. You can file your claim on line.

Q: If my workers' compensation claim doesn't get approved, can I choose then to sue my employer for a personal injury if I

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 8, 2019
Jerry Lutkenhaus' answer
If your employer had workers compensation insurance that covered your accident, then your sole remedy for your injury at work is workers compensation. If your claim is denied, then you can ask for a hearing before the Virginia Workers Compensation Commission. You do not have a right to sue your employer for negligence. You only have that right if the employer does not have workers compensation insurance.

Q: When traditional methods of treatment don't work surgery is proposed what other options do you have if you don't want

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 7, 2019
Jerry Lutkenhaus' answer
You can try alternative methods such as physical therapy, aquatic therapy, chiropractors, accupunture, pain management, dry needling, spinal stimulator, etc. If you need more advice you should contact an experienced workers compensation lawyer.

Q: Received lifetime medical for my injury almost two years ago exactly 18 months. Seeing Ortho surgeon for a year. Tkr

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 7, 2019
Jerry Lutkenhaus' answer
I take it that you have an AWARD for lifetime medical benefits for your injury from the Virginia Workers Compensation Commission. If the proposed surgery is just proposed as an "option" then it may not be something you have to do. You should contact an experienced workers compensation lawyer to check on your rights in this matter.

Q: In Va, can you still win a woman's comp case if the tox screen shows that you had alcohol in your bloodstream?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Dec 25, 2018
Jerry Lutkenhaus' answer
It depends. If the alcohol helped cause your accident, then the insurance company can try to deny your claim asserting your misconduct (drinking alcohol) caused the accident. You need to call an experienced workers compensation lawyer to discuss your case if you have a serious injury.

Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

Q: I have a relative who was injured on job 6 months ago and major surgery was required.

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 8, 2018
Jerry Lutkenhaus' answer
Your relative should have filed a claim with the Virginia Workers Compensation Commission. That number is 1-877-664-2566. Your relative should have been paid for the time out of work by the employer's workers compensation insurance company. If the proposed Light Duty Job pays less than his pre-injury wage, then the workers' compensation insurance company should pay two thirds (2/3) of the difference between his pre-injury wage and the Light Duty Wages. He may be well-advised to consult an...

Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 29, 2018
Jerry Lutkenhaus' answer
You can file a claim yourself with the Virginia Workers Compensation Commission. That phone number is 1-877-664-2566. They will assist you with filing a claim. If you have a serious injury, you may want to contact an experienced workers compensation lawyer.

Q: Can workers comp deny my claim of a broken bone when it was not broke before?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 29, 2018
Jerry Lutkenhaus' answer
If this is a Virginia claim, you can file a Claim for Benefits with the Virginia Workers Compensation Commission at 1-877-664-2566. That being said if you had a pre-existing condition, then the insurer often uses this as an excuse not to pay the claim.

Q: Should my husband get a new attorney or accept the offer or fight on?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Sep 4, 2018
Jerry Lutkenhaus' answer
Very difficult situation. You indicate a treating doctor released him to return to work. Another doctor says he needs surgery. You are scheduled to see the insurance defense doctor. Your attorney is probably right about this defense doctor. He is “paid” to give an adverse opinion. You also indicate there are “past” back problems. It is very easy for the defense doctor to cite the old problems as the reason for his current difficulty. Another attorney would have to review the entire...

Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Aug 29, 2018
Jerry Lutkenhaus' answer
An Agreement for an Award is very important. Filing this with the Workers' Compensation Commission means the Commission will enter an Award based on the Agreement. The Award dictates what is covered, what benefits are paid, etc. It is very important to get an Award entered in a case as soon as possible. Often, the Agreement for an Award does not cover everything. Nonetheless, it may be important to get the Award entered first and then amend it later. You need to contact an experienced Virginia...

Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Aug 29, 2018
Jerry Lutkenhaus' answer
If the contractor has two employees or less the contractor does not have to provide workers compensation insurance. However, if the contractor is a subcontractor on a project, then all the employees on the projection will be considered in deciding if coverage is required. Also, if the contractor negligently injuries an employee, the contractor can be sued by the employee if the contactor does not have workers compensation coverage.

Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 3, 2018
Jerry Lutkenhaus' answer
In Virginia, losing vision due to constantly sitting in front of a computer would not be accepted as either a work place injury or an occupational disease.

Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 3, 2018
Jerry Lutkenhaus' answer
In Virginia sitting at a desk all day would not count as a work place injury.

Q: Should my husband get a new attorney

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 3, 2018
Jerry Lutkenhaus' answer
When the doctor took him off work on April 13, 2018, the lawyer should have filed a change of condition claiming the doctor had taken him out of work. By waiting until June 20, 2018, the lawyer may have delayed things. If the doctor "only" took him out of work but did not say he was totally disabled your husband may have an obligation to look for light duty work within his work restrictions. You need to discuss this with your lawyer. You can certainly change lawyers; however, your current...

Q: I need serious help to get a case overturned.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 6, 2018
Jerry Lutkenhaus' answer
If you have already had a hearing it may be too late for another attorney to do anything but you can certainly contact me or another experienced Virginia Workers Compensation lawyer for a consultation.

Q: I was injured at work. I was told they are taking my personal time off to “ pay “ me for the time I,m missing. correct?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 5, 2018
Jerry Lutkenhaus' answer
If you are out less than 7 days, workers Compensation does not cover you. Once you exceed 7 days Workers Compensation does cover you. That may be why you were asked to take your personal time. Now that you are going to be out more than 21 days Workers Compensation should pay you from the date of the accident and reimburse you for the personal time you had to use.

Q: Years ago, injured at work, had surgery, recovered and returned to work.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 17, 2018
Jerry Lutkenhaus' answer
If you have an award from the Virginia Workers Compensation Commission for lifetime medical coverage, you can obtain a copy of that award by contacting the Commission at 1-877-664-2566. They can look it up for you.

Q: PT told my wife her severe vertigo is related to multiple concussions she received from students at school, which were

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on
Answered on May 16, 2018
Jerry Lutkenhaus' answer
If she has a disability due to a work-related injury, she first needs to have notified her employer of the accident giving rise to this disability within thirty (30) days of the accident. Then, she needs to have filed a claim with the Virginia Workers' Compensation Commission for the accident within two (2) years of the date of the accident. You indicated these were multiple incidents over a period of time. Also, a physical therapist is not a doctor. Usually, a concussion is treated by a...

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