Questions Answered by Jan F Hoen

Q: If I forget to include documentation for my personal injury claim, like an expert affidavit, will the court let me add

1 Answer | Asked in Personal Injury for Virginia on
Answered on Nov 12, 2018
Jan F Hoen's answer
There is insufficient information to answer this question in the abstract.

Expert testimony is not admissible by affidavit absent a statutory exception to the hearsay rule.

In General District Court, for example, medical records and reports may be submitted via affidavit.

If your case is in litigation, it would be advisable to retain counsel as soon as possible.

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
Jan F Hoen's answer
If pay is less due to medical restrictions, a claim for temporary partial disability may be available. There is not really enough information provided in your question without review of the medical records.

Failure to work available light duty will be a problem. The person needs to find a way to commute to the job (share a ride, public transportation, accommodation by employer, etc.). Loss of income for two weeks may not be enough of a claim to justify retaining an attorney, unless...

Q: is being involved in a accident misconduct 60.2-618( 2), unknowing to myself of any said company policy?

2 Answers | Asked in Car Accidents for Virginia on
Answered on Nov 1, 2018
Jan F Hoen's answer
Your question does not provide enough information.

Meet with an attorney to discuss the details.

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
Jan F Hoen's answer
No. But you can file a claim yourself.

See the Work Injury Guide at the hampton workers comp website for assistance.

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 8, 2018
Jan F Hoen's answer
They can deny and you would need to file a claim for benefits.

I notice that your address is in MD.

If the injury occurred in Virginia, my website has a work injury guide that will assist you.

https://hamptonworkerscomp.com/

Q: My husband fell on vacation, not at work, and got spinal cord injury. Can I file ‘worker comp’?

2 Answers | Asked in Personal Injury for Virginia on
Answered on Sep 29, 2018
Jan F Hoen's answer
No. That is not a work injury.

Q: Do we need workers' comp for a cleaning lady we hire to come in twice a month?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 26, 2018
Jan F Hoen's answer
She is most likely an independent contractor.

Unless she is on your payroll as a part-time employee, she does not need to be listed on your policy.

Q: Hurt at work and had to have a knee replacement. insurance company said all i am entitled to is lifetime medical.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 24, 2018
Jan F Hoen's answer
If you were medically unable to work under a doctor's orders for more than a week, you should have a claim for wage benefits also.

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 5, 2018
Jan F Hoen's answer
Your own attorney knows your husband's case best. You should follow their recommendation.

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
Jan F Hoen's answer
Your husband does not have to sign anything from an insurance adjuster that he does not agree to. It is his decision. It would be advisable to consult with an attorney before making that decision.

Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Answered on Aug 17, 2018
Jan F Hoen's answer
If he suffered a physical injury, he would have a claim for compensation.

Absent an injury, there is probably not a legally cognizable claim.

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 13, 2018
Jan F Hoen's answer
A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.

Q: I need to know about workers comp in va

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 1, 2018
Jan F Hoen's answer
It is unlikely that the event you describe would qualify as an injury by accident as defined by the Virginia Workers Compensation Act.

Q: What is the best course of action to take when a bumper to bumper accident occurs and your car is at the back?

1 Answer | Asked in Car Accidents for Virginia on
Answered on Jun 13, 2018
Jan F Hoen's answer
The injury claim will be handled by your insurance company. They will not provide you with an attorney to handle the traffic case.

Your wife can either appear and contest the charge on her own or hire counsel.

Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Answered on May 3, 2018
Jan F Hoen's answer
Speak with the attorney first. If he or she has missed filing suit before the statute of limitations has run, they need to report the matter to their malpractice insurance carrier.

Q: I was awarded benefits for a work injury in VA now the ins comp wants to settle but they say I have to resign; true?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on May 3, 2018
Jan F Hoen's answer
A resignation and release is standard in workers comp settlements. It is typically a condition of settlement required by the employer's insurance carrier.

As for settlement value, you should have a qualified workers comp attorney assist you with negotiating settlement in order to assess the full value and be your advocate in the settlement process. Attorney fees must be approved by the Commission and are typically only 20% of lump sum settlements. There are Medicare and Social...

Q: Doctor released my husband to go back to work in October, stopped payments, He couldn't work, in April another doctor

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 13, 2018
Jan F Hoen's answer
If he is back on "no work" status again, he is eligible for reinstatement of his temporary total disability payments.

If they are not voluntarily reinstated, he will need to file a Claim for Benefits form with the Virginia Workers Compensation Commission based on the change in condition. Supporting medical records (including the work status report from the new doctor) should accompany the claim form.

He should already be under an award for lifetime medical benefits, so if an...

Q: I was recently involved in a VA no fault car accident. I have Medicaid, & car is deemed totaled. What should I be asking

1 Answer | Asked in Car Accidents for Virginia on
Answered on Apr 12, 2018
Jan F Hoen's answer
If you have not signed a release, it is not too late.

$500 for pain and suffering is not a fair offer.

See the Hampton Injury Law website for answers to all your questions.

Do not settle until you read the "Do's and Don'ts" for how to handle your claim.

From the home page, click on the Practice Areas tab and select from the dropdown menu "Do's and Don'ts When Handling an Injury Case".

Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Answered on Apr 6, 2018
Jan F Hoen's answer
You were told wrong.

Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.

Q: If vet does not confirm the cause of death of puppy can owner sue me for puppy not being healthy when sold.

1 Answer | Asked in Animal / Dog Law for Virginia on
Answered on Apr 3, 2018
Jan F Hoen's answer
Your question is unclear as to how you would be responsible.

In any event, an expert veterinary opinion to prove causation of death would be required to pursue any claim.

Also, there is no value to the claim other than the replacement cost for the puppy. Animals are considered personal property under Virginia law.

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