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Questions Answered by Jerry Lutkenhaus
1 Answer | Asked in Workers' Compensation for Virginia on
Q: Workers comp, can my company fire me? Sending an insurance agent assess me? Never received termination letter

Went to court, judge ordered a mediation and if they couldn't come up with a settlement, the judge would settle the case? Why are they trying to put me into another job? They state they don't want me back on their property but no official termination letter and I think my lawyer is against me?

Jerry Lutkenhaus
Jerry Lutkenhaus
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... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: How much is my case worth?

My work truck was rear ended by tractor trailer while on the job. I sustained neck strain, back injections due to lower back strain, shoulder contusion, head laceration closed with 8 staples, concussion with loss of consciousness and ,8 months of physical therapy.

Jerry Lutkenhaus
Jerry Lutkenhaus
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'... View More

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1 Answer | Asked in Social Security for Virginia on
Q: I have rheumatoid arthritis, carpal tunnel & disc disease. I am still working. Should I quit working? I have a IRA also.
Jerry Lutkenhaus
Jerry Lutkenhaus
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.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Am I obligated to use my personal sick time to get paid for doctors appointment due to work related injury
Jerry Lutkenhaus
Jerry Lutkenhaus
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.

1 Answer | Asked in Social Security for Virginia on
Q: My son in law is 35 years old with an extremely aggressive form of MS

If he should die, would my daughter be entitled to survivor's benefits?They have 3 daughters the eldest is 16 and the youngest 2 and a half.

Jerry Lutkenhaus
Jerry Lutkenhaus
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.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I got hurt at work they say it isn't permanent injury will comp still offer a settlement? In Virginia
Jerry Lutkenhaus
Jerry Lutkenhaus
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.... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can one person have two claims active with workers' compensation at the same time?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 15, 2017

Yes, I have had many clients who have had more than one claim. For each injury or accident you have, you can have a Virginia Workers Compensation claim. However, you cannot be paid twice for being out of work. You can have separate medical awards for each injury. If you need more information, you... View More

2 Answers | Asked in Workers' Compensation for Virginia on
Q: My husband was injured seriously in a wreck in Virginia while driving truck at work and has been receiving Workers comp.

If we move to Colorado can he still collect Workers comp?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 15, 2017

Yes, he should be able to continue to receive compensation and medical care. He does need to check with the Virginia Workers Compensation Commission if he has an award for compensation and medical care. You can contact the Commission at 1-877-664-2566. It can be a big problem to switch medical care... View More

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Need to find a Worker's Comp Attorney in Arlington, VA., who can I ask for a referral and information?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 15, 2017

If you wish to contact me, I can furnish the names of a number of workers compensation lawyers who provide quality representation in Arlington, VA.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Are Work Comp lawyers paid under statute in VA or do you have to hire one privately?

VA = Virginia

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 14, 2017

You are not provided a state lawyer in Virginia in a Workers Compensation case. You must hire a private lawyer. All fees must be approved by the Virginia Workers Compensation Commission.

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4 Answers | Asked in Personal Injury, Products Liability and Workers' Compensation for Virginia on
Q: Have lifetime medical benefits award for head injury due to fall from chair at work. Can I bring claim vs. chair maker?

WC Case worker did not conduct an inspection of the chair or ask for manufacture records.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 14, 2017

You possibly have a claim against the chair manufacturer. However, the chair may not have been defective. It may just have been worn out. In Virginia a personal injury claim has to be filed within two (2) years from the date of the accident or else it will be time-barred. It is very important to... View More

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a lifetime medical benefits award, who pays for my lost wages while I'm out of work for surgery?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

If you have a lifetime medical award and if you are taken out of work for surgery, you can ask for compensation for being out of work provided you are either within two (2) years of the accident date or within two (2) years of the date you were last paid compensation for this injury. You should... View More

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Virginia Workmans Comp claim for depression

I had an incident which exacerbated my depression at work in a public school as a teacher. I had been previously diagnosed with severe major depression through military doctors and documented. Incident occurred at work, noted by school nurse, noted by VA Hosp as injury at work. VA Pysch. Dr. stated... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

In Virginia, you normally cannot obtain workers compensation for depression unless the depression is caused by an accident or a sudden frightening incident. Your incident at work may qualify as that type of injury but you did not specify what type of injury you suffered.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can you explain life time medical?

How long do you have to make medical claims with life time medical?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

If you have an injury on the job, you have two (2) years to file a claim for compensation and medical coverage. Once you obtain a workers compensation award from the Virginia Workers Compensation Commission you have a lifetime medical award for the injury. Then there is no time period for filing... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do you have to look for a job to get workers comp benefits I got hurt 4 months ago was getting it was told by insurance

To look for a job because if I don't I woun't get workers comp benefit have not been fired from my job is that right o ok help

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

If you are hurt but not totally disabled but only partially disabled, then you do have to look for Light Duty Work in order to qualify for workers compensation. You should contact an experienced workers compensation lawyer to evaluate your case and your disability.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If my boyfriend quits his job, will workers comp still pay my Dr bills? He needs more hours.
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

You did not indicate who has the workers compensation claim. Is it you of your boyfriend? If it is your claim, then what happens to your boyfriend should have no impact on who pays your doctor's bills. If this is a Virginia Workers Compensation Claim, then you can contact the Virginia Workers... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If you have a lot of workers comp claims as an employer do your insurance rates go up?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

Just like you have automobile insurance, you pay for workers compensation insurance. If you have too many car accidents your premium goes up. Likewise, if there are too many workers compensation claims, your workers compensation premiums will go up.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a workers comp claim, been under Dr. Care for 2 yrs, now may need sugery. Who is responsible for my lost wages?

Insurance company says they will pay for surgery, but not lost wages

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

You need to call a workers compensation lawyer immediately. You indicate your injury was two (2) years ago. This may present a problem. You do have to file a claim for compensation within two (2) years of your accident and you do have to have a period of disability within two (2) years of your... View More

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2 Answers | Asked in Employment Law and Workers' Compensation for Virginia on
Q: My husband was injured on the job, on a piece of equipment that was not supposed to be where it was. He has been....

Out since August 2016. He was placed out of work by a doctor, he had to have extensive surgery and was then in rehab for his knee. He kept up with his company and give them all of the doctors notes. He went back into work last week and they told him that he didn't have a job there anymore that... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 7, 2017

If he was 100% released with no work restrictions, then the employer is not obligated under Virginia Law to give him his job back. However, if he has "any" work restrictions, then the insurance company for the employer may be required to pay him workers' compensation. Also, if he had... View More

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Work injury causes broken kneecap, will need replacement in future, insurer wants to settle - what is a fair settlement?

Have had 2 surgeries already . I'm back at work but it is becoming more difficult to pull regular shifts because of swelling /pain. I am a waitress and over 50.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 6, 2017

A settlement involves giving up any future wage claims and medical claims for a lump sum settlement. You should not do this without the advice of an attorney.

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