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...
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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...
Neck and back problems are very common and may arise for numerous reasons.
In order to be compensable, you would need medical evidence of a specific injury by accident arising out of and in the course of your employment. A sudden mechanical/physical change with a reasonably sudden onset of symptoms is required.
Jan F Hoen's answer If you were injured in the accident, it would be advisable to speak with an attorney before having any further communication with any insurance representative other than one from your own company.
Also, they are not permitted to record you without your permission. Don't agree.
For more helpful information about how to handle a claim, see my firm website (hamptoninjurylaw.com) under the "practice areas" tab for a list of "Do's and Don'ts".
Jan F Hoen's answer Quitting would terminate any claim for wage benefits beyond the day he quits. He should definitely not quit.
If he already has an attorney, speak with him about his options. If not, it is time for him to retain one and get seen by a different doctor. He should also be marketing (looking for some kind of other employment) if there is no work excuse from a physician in place.
A traffic summons to the other party does not determine civil liability. You would still have the burden of proving that her negligence was the sole cause of the damage to your vehicle. In Virginia, you would be unable to recover if you were partly at fault regardless of which party's fault is greater.
If you do not have collision coverage on your policy and have to pay for the repair, you would either have to retain counsel at...
Jan F Hoen's answer If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to that attorney, who knows all the details of your case.
Jan F Hoen's answer There is much more information required to answer this question. For example: your average weekly wage; the new job's pay and any temporary partial benefits due; your impairment rating (if any, since you do not mention whether there is any residual leg disability); the future cost of pain management and whether the panel physician will confirm that it is necessary and related to the work injury; your prior medical history; etc.
If you do not already have counsel, it would be advisable...
Jan F Hoen's answer There is no specific time limit for an adjuster to respond to a personal injury claim demand. It varies by company and by adjuster, depending on their caseload. It is not unusual for it to take 30 days or more for an initial offer. Hopefully, you are not anywhere close to the statute of limitations date (two years from the date of the accident).
If you are attempting to negotiate without an attorney, check my firm's website for a list of "Do's and Don'ts" found under the Practice...
Jan F Hoen's answer It will not affect your eligibility for benefits (except while you are incarcerated) but if the claim is contested by your employer, the conviction can be used to impeach your credibility when you testify.
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