Questions Answered by Jerry Lutkenhaus

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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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!
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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.
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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.
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Q: can l get social security disability at the age of 55 when your spouse is still working and you have a savings account

1 Answer | Asked in Social Security for Virginia on
Answered on Jul 31, 2017

If you have a disability that precludes you from any gainful work based on your age, past work experience, and education then yes you can apply.
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Q: Signed a waiver for medical attention. In pain hurting can i file workers comp & go to dr they cover bill

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 27, 2017

If you injured yourself at work due to a band having wrapped around your ankle, then that sounds like a compensable injury at work. You did not help yourself by refusing medical attention. You need to get medical attention as soon as possible to document your injury. You should first request this from the employer. If they will not authorize it, then you have to do it on your own and hope eventually the employer's WC Insurance Company will have to pay for it. You can call the Virginia Workers'...
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Q: I have just returned from working abroad - does any of that work qualify for social security?

2 Answers | Asked in Social Security for Illinois on
Answered on Jul 31, 2017

Only if FICA Social Security taxes were withheld from your income. Was it an American employer?
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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: I was injured at work. No treatment. Have compensational injuries. Company wants me to resign in order to recieve money

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

No, you shouldn't resign. You should get medical treatment IMMEDIATELY. And contact an experienced Virginia work comp attorney BEFORE taking any action.
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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 am planning on working for a new company at the end of my claim. Will giving my 2 weeks while I'm still involved?

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

Giving your 2 weeks notice could adversely affect your rights to Virginia Workers Compensation payments, but it would not affect your medical rights. Therefore, you should contact an experienced Virginia work comp attorney BEFORE taking this step.
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