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Questions Answered by Jan F Hoen
1 Answer | Asked in Personal Injury for Virginia on
Q: If I forget to include documentation for my personal injury claim, like an expert affidavit, will the court let me add

it after the fact?

Jan F Hoen
Jan F Hoen answered on Nov 12, 2018

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....
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

Jan F Hoen
Jan F Hoen answered on Nov 8, 2018

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...
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2 Answers | Asked in Car Accidents for Virginia on
Q: is being involved in a accident misconduct 60.2-618( 2), unknowing to myself of any said company policy?
Jan F Hoen
Jan F Hoen answered on Nov 1, 2018

Your question does not provide enough information.

Meet with an attorney to discuss the details.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?
Jan F Hoen
Jan F Hoen answered on Oct 29, 2018

No. But you can file a claim yourself.

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

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Can workers comp deny my claim of a broken bone when it was not broke before?

I sprained my ankle a week ago but it had healed. When I slipped and fell I was sent to the er from work and they said it was broke. Talked to my employer today and she stated that workers comp might deny the case due to the previous injury.

Jan F Hoen
Jan F Hoen answered on Oct 8, 2018

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/

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2 Answers | Asked in Personal Injury for Virginia on
Q: My husband fell on vacation, not at work, and got spinal cord injury. Can I file ‘worker comp’?

His job is an auto body technician for 35 yrs and now he can not do this job due to his weak physical.

Jan F Hoen
Jan F Hoen answered on Sep 29, 2018

No. That is not a work injury.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do we need workers' comp for a cleaning lady we hire to come in twice a month?
Jan F Hoen
Jan F Hoen answered on Sep 26, 2018

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.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Hurt at work and had to have a knee replacement. insurance company said all i am entitled to is lifetime medical.
Jan F Hoen
Jan F Hoen answered on Sep 24, 2018

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.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in... Read more »

Jan F Hoen
Jan F Hoen answered on Sep 5, 2018

Your own attorney knows your husband's case best. You should follow their recommendation.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?
Jan F Hoen
Jan F Hoen answered on Aug 29, 2018

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.

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3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

He was,the only one wearing his seat belt and performed CPR on the one boy. He returned to school to keep his mind off of the accident and his friend, however, this was very traumatic and he was in shock for a month. Would he be eligible for any type of compensation? He was not driving and speed... Read more »

Jan F Hoen
Jan F Hoen answered on Aug 17, 2018

If he suffered a physical injury, he would have a claim for compensation.

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

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?
Jan F Hoen
Jan F Hoen answered on Aug 13, 2018

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.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: I need to know about workers comp in va

I past out due to my bloodpressure but never had any problems with high bloodpressure I hurt my back right hand my knees bruise busted lip can I get va comp I was hospitalized for two days still out of work til august 7th

Jan F Hoen
Jan F Hoen answered on Aug 1, 2018

It is unlikely that the event you describe would qualify as an injury by accident as defined by the Virginia Workers Compensation Act.

1 Answer | Asked in Car Accidents for Virginia on
Q: What is the best course of action to take when a bumper to bumper accident occurs and your car is at the back?

Wife was in a bumper to bumper accident & her car was at the back. There were no witnesses, no vehicle damage, and the other person's injuries were denied by our insurance (perfectly fine until police arrived then complained about back pain and taken to the hospital by ambulance). The police report... Read more »

Jan F Hoen
Jan F Hoen answered on Jun 13, 2018

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.

1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

the attorney i retained has lost or misplaced some of my legal medical papers in my opinion the attorney has stalled and lost valuable time , should i file with the Bar for ineffective assistance of counsel and seek a qualified auto attorney and ask court for time extension to retain a new one time... Read more »

Jan F Hoen
Jan F Hoen answered on May 3, 2018

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.

2 Answers | Asked in Workers' Compensation for Virginia on
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?

I injured my ankle and calf at work and was awarded benefits. After over a year of pain and being told that I had to stay off my leg completely unless it was going to the doctor or to the bathroom I am finally healed. Top it off with delays by the insurance company, missed pay that I had to fight... Read more »

Jan F Hoen
Jan F Hoen answered on May 3, 2018

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...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Doctor released my husband to go back to work in October, stopped payments, He couldn't work, in April another doctor

gave him an off work excuse. This new doctor is an independent doctor and he looked at the MRI that was taken when my husband first got hurt on the job in July of last year. He said it clearly showed something is wrong with the nerves in his back and that he could not return to work to do his... Read more »

Jan F Hoen
Jan F Hoen answered on Apr 13, 2018

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....
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1 Answer | Asked in Car Accidents for Virginia on
Q: I was recently involved in a VA no fault car accident. I have Medicaid, & car is deemed totaled. What should I be asking

The other party insurance has accepted responsibility. I just dont know what Im supposed to accept as far as settlement or offers. I was offered 500 for pain and sufferring & to pay for ER visit due to cervical sprain in neck and shoulder. Shouldnt my medical insurance cover that? I verbally... Read more »

Jan F Hoen
Jan F Hoen answered on Apr 12, 2018

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...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.
Jan F Hoen
Jan F Hoen answered on Apr 6, 2018

You were told wrong.

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

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: If vet does not confirm the cause of death of puppy can owner sue me for puppy not being healthy when sold.

The owner said puppy ate did not actually see puppy eat. Went to take the puppy outside she was wobbly, falling down, and possibly vomited and urinated. Took puppy to vet, the vet suggested puppy had a partial seizure. Ran a test and then give puppy overdose of Valium (0.37ml) when should have been... Read more »

Jan F Hoen
Jan F Hoen answered on Apr 3, 2018

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...
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