Questions Answered by Jerry Lutkenhaus

Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jul 20, 2017

As the other lawyer said, your date is incomplete. You only said 201_. You do have to file a claim for benefits with the Virginia Workers Compensation Commission within two (2) years of the date of the accident. Assuming you have done so, then the next step would be a hearing before the Commission. If you are successful, then the insurance company has to pay. From your post it appears there has been no decision. I cannot tell if this means no decision by the insurance company or does it mean no...
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Q: reopened workers comp case for condition getting worse, am i entitled to another settlement

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 25, 2017

It depends. If you previously had a full and final settlement for this particular accident, you cannot then get a second settlement. You need to review your prior settlement to see if it was a full and final settlement. You can also ask the lawyer who obtained this settlement for you. If your condition is now worse, then that is the precise reason why one should be cautious in entering a settlement.
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Q: My husband fell about 12 feet off a ladder in December. He fell on his head and shoulder. He went to the dr

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 19, 2017

If this is a DC company you would have to consult a DC lawyer. If it is a Virginia company, then you can contact a Virginia lawyer about the situation. At this point the employer is providing him a light duty job. If he is still being paid his pre-injury salary, he is not entitled to wage loss compensation except for the three weeks he missed. If this is a Virginia case, contact me for additional information.
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Q: Can the Ins Co tell the employer to stop the weekly paychecks without notifying you or your Workman's Comp atty?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 12, 2017

You signed an agreement for an award but was the award entered by the Virginia Workers Compensation Commission. You can call the Commission at 1-877-664-2566 to ask if your agreement was entered as an award. Also, you should contact your attorney to find out if an award was entered. If there is no award, then it up to your attorney to get you an award. You would need to talk to him about getting an "award" in your case.
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Q: I I have a permanent partial disability he and workers comp payments or by weekly and it's been going on since 2002.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 23, 2017

You indicate you have been on workers compensation since 2002. In Virginia the usual limit for workers compensation payments is 500 weeks or about 10 years. However, you indicate you have been receiving workers compensation for about 15 years. You would need to provide more details. Is this a Virginia workers compensation claim?
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Q: How long after injury can i file for workers comp?

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

You should immediately file a claim with the Virginia Workers Compensation Commission with your unpaid bills. This often gets bills paid. The number to call is 1-877-664-2566. If you have a serious injury, then you may want to contact a Virginia Workers Compensation lawyer.
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Q: While I'm waiting on my settlement will i still get my weekly payments from worker's comp

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

If you are under an AWARD that awards you weekly WC payments and unless there is an agreement to the contrary or unless your payments have been suspended, you would receive weekly payments up to the date the settlement is approved by the Commission (but these are questions you should ask your lawyer). This only pertains to Virginia Workers Compensation Law.
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Q: Are independent contractors eligible for workers' comp?

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

If you are a true independent contractor, then you should have purchased workers compensation insurance to cover your work. If it is possible you are an "employee" and maybe covered by your employer's insurance then you should contact a workers compensation lawyer to review your situation. I base this opinion on 35 years representing injured and disabled workers in the Commonwealth of Virginia.
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Q: Virginia comisión aprove my settlement how long now I need to wait to get my check in mail

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

Most insurance companies send out a settlement check upon receipt of the settlement order. However, technically, they can wait 44 days before there is a penalty (30 days for an appeal plus the 14 day penalty period). But again, most insurance companies want to get it over with and will send out the settlement check right away. I base this opinion on 35 years of representing injured and disabled workers in the Commonwealth of Virginia.
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Q: I have been working in my building for years. I now have asthma. Can I recover for this?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 21, 2017

It can be difficult to obtain workers compensation for an occupational disease in Virginia. Your doctor has to say your asthma is due to your work exposure and the doctor has to exclude other causes of the problem. Also, the asthma cannot be a pre-existing condition. You have two (2) years from the date of diagnosis to file a claim with the Virginia Workers Compensation Commission. You would be well-served to contact a lawyer.
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Q: My Dr. Says no duty, The IME says lighty duty, im worried ill lose my job for not being able to stay all day.

2 Answers | Asked in Workers' Compensation and Employment Law for Virginia on
Answered on Apr 18, 2017

This is a case where you need an attorney. Virginia has the treating physician rule. Normally, the treating doctor dictates work status. In your case the Defense Medical Examiner (DME) has said you can do light duty work. The insurer can decide to go with the DME. However, if your doctor is the treating doctor, then his or her opinion should govern. Again, that is why you need an attorney.
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Q: If I am on Light Duty from a job related injury and I have a follow up visit with the Doctor is that time covered

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Apr 18, 2017

Workers Compensation does not cover an injured employee for lost time until that lost time exceeds seven (7) days. If it has in your case, then the lost time in going to the doctor should be covered.
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Q: Can I work a different job part time while I'm on workers' comp?

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

No you cannot. If you do your compensation will be terminated or reduced based on the income from the part-time job.
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Q: Insurance not responding to 20 day order to respond by Comission. 10 day order given and still no responce. Why ?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 12, 2017

The insurance company often does not respond to the Virginia Workers Compensation Commission. I guess the biggest penalty they face is having the case referred to the hearing docket which means they do have to go through the expense of retaining an attorney.

Q: Workers comp, can my company fire me? Sending an insurance agent assess me? Never received termination letter

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 12, 2017

You need to sit down and discuss this with your lawyer. Unless your problem involves an injury, this would be a workers' compensation question but rather an employment law question. You may want to ask it again in the employment area. You need not provide enough information for any other kind of answer. Most importantly, why is your company terminating you?
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Q: How much is my case worth?

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Mar 22, 2017

In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers' compensation claim is a lien on the personal injury claim. This means one cannot settle the personal injury claim without resolving the workers' compensation lien. Usually, this means paying back the workers compensation...
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Q: I have rheumatoid arthritis, carpal tunnel & disc disease. I am still working. Should I quit working? I have a IRA also.

1 Answer | Asked in Social Security for Virginia on
Answered on Mar 17, 2017

You did not say your age. However, it can be a struggle to get Social Security Disability. So if you can I would advise working as long as you can.
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Q: Am I obligated to use my personal sick time to get paid for doctors appointment due to work related injury

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 16, 2017

In Virginia if you have already lost seven (7) days due to your injury, then you should be compensated for additional lost time such as lost time due to a doctor's appointment.
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Q: My son in law is 35 years old with an extremely aggressive form of MS

1 Answer | Asked in Social Security for Virginia on
Answered on Mar 15, 2017

If he has Social Security Disability, then there would be survivorship benefits for the children. If he has Supplemental Security Income (SSI), there is no survivorship benefits because SSI is welfare disability.
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Q: I got hurt at work they say it isn't permanent injury will comp still offer a settlement? In Virginia

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 15, 2017

If you were hurt and if you have recovered from the injury 100%, then it is like the injury never happened and there will be no settlement. However, if you have any work restrictions due to your injury or if you have any need for future medical care, then there is the possibility of settlement. Talk to an experienced workers comp lawyer about your case. Most lawyers will give you a free evaluation.
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