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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.
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
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.
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... View More 
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.
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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.... View More
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.
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... View More
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... View More
While performing my work duties on site I was going up a flight of stairs and my left toe caught on the lip of the last stair. I tripped and fell awkwardly landing on my left leg and broke the left fibula.
answered on Mar 20, 2018
You did not provide any information about how your injury happened which is necessary in order to answer.
Can I file for workers' compensation to pay for my massage therapy?
answered on Mar 16, 2018
Highly doubtful.
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... View More
Is ok for me to call back.
answered on Mar 13, 2018
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.... View More
Didn't receive compensation because Dr didn't specifically state I could not work but didn't ask for an excuse because employer fired me the following day
He was released back to full duty on Oct 21, he tried and could not work, He is 56 and is a coal miner, they would not take him back on light duty. We consulted an attorney in Nov, benefits are still not being paid, he has asked to see another doctor and still waiting to get approval. He has had no... View More
answered on Feb 17, 2018
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... View More
My truck was damaged and needs to be fixed. I am being told that I now have to pay for my own repairs.
answered on Feb 16, 2018
The answer depends on the facts of the accident.
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... View More
I’ve had multiple surgeries, been through Vocational Rehab to no avail, I’ve been through 3 IME’s, I’ve seen one of their pocket Dr.s, another whom has been employed by the Defendant, and had a medical records evaluation done by that Dr. that’s never seen me and because the Dr.s are their... View More
answered on Feb 14, 2018
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... View More
I was offered a small settlement due to accident injury, it was a lot less and the adjuster said he can only include HALF the bills I sent him, so I am nit sure whats included and what is not included ? also, I am self pay and do not owe on most of them, I was given a good discount and some was... View More
answered on Jan 31, 2018
My website addresses these issues with a list of "Do's and Dont's" under the Practice Areas section.
I have completed a lot of physical therapy. I am now doing pain management, which I may have to do for the remainder of my life. I have completed an FCE, and it said that I could not return to my pre-injury position. And was placed in vocational services. I have however found another job within my... View More
answered on Jan 31, 2018
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... View More
Hello, can you please let me know if my claim is denied, and my SOL is running out soon, what is the shortest time to file suit against a insurance company ? Is 20 days enough time or does it take much longer to file suit and notify them ? thanks
answered on Dec 12, 2017
If you are that close to the statute of limitations, see an attorney immediately.
It may be difficult to retain someone so close to the deadline.
Hello, can you please tell me if there is time limit an adjuster has to look over a bodily injury claim in Virginia ? The adjuster told me 21 days...but not sure if that is accurate. thanks !
answered on Dec 12, 2017
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... View More
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