If I qualify
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.
Fell on concrete floor a band got wrapped around my ankle i went down hard. Worked a few hours couldn't anymore. They just gave me Tylenol didn't take an incident report. I signed a waiver refusing medical attention at the time. Can i get workers comp? Can i go to the hospital & they... View More 
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... View More
answered on Jul 31, 2017
Only if FICA Social Security taxes were withheld from your income. Was it an American employer?
The insurance company says they cannot pay for anything until a final decision is made on his claim. I've been paying out of pocket for all of his medications. I even took him else where to get medical care. Cause the insurance company wouldn't approve anything on the claim until final... View More
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.... View More
Do i have to resign because there are other jobs i can perform?
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.
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... View More
Were his company told him to go. The dr xrayed his shoulder and said it was bruised. He went back to work the next day. His shoulder never got better. He went to our local ortho dr in March and he took one look at him and said he has a torn rotator cuff. He went back to work and they said he... View More
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... View More
The employer and Ins Co signed this agreement , which they wrote , Employer was to pay weekly check ,we asked two different attys if he should sign and was told go ahead . now last week pay ck was returned to our bank so our bank charged our checking acct , amt of ck and ret ck fee . Today... View More
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... View More
Will I lose my rights?
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.
Was hurt on may 31 2017 by coworkers negligence. Left work half day for first day but been on light duty with one arm. Going to have a scar on my elbow. Could I qualify for pain and suffering or some sort of settlemen. Dr released me to full duty but still have slight pain in arm. He said come... View More
answered on Jul 31, 2017
If your doctor states in writing your work injury is at Maximum Medical Improvement (MMI) and you have permanent loss of use of the upper extremity (arm) and/or permanent scarring, you can file with the Virginia Workers Compensation Commission for Permanent Partial Disability (PPD) Compensation.... View More
If there are no jobs available where I live, and I still receive by Workmen's Comp.'s payments, can I do light duty work from my home?
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... View More
I was injured and did not originally file for workers comp as I was told I would be reimbursed for expenses and now it has been over a month since injuries and several hundred dollars out of pocket with no reimbursement to this point. Is it to late for me to seek counsel?
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.
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... View More
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... View More
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... View More
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... View More
Should i contact a lawyer and seek counsel?
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... View More
I am on light duty and i have a follow up visit with the doctor, but I am being told i will not be covered for this time and will need to use personal time to cover this.
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.
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.
Workers Comp. Insurance has been paying weekly wages but not 1 medical bill has been payed. Comission now informed me that case will be put on docket for hearing. Why would insurance not respond to an order from Comission? Is this comon? What are the benefits or disadvantages for doing this? Why... View More
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.
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