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Questions Answered by Jan F Hoen
2 Answers | Asked in Car Accidents, Personal Injury and Child Support for Virginia on
Q: i have been seperated from my ex for 5 yrs. i was in an auto accident 6 months ago and now she wants my auto settlement?

im not in the arrears in child support and the auto accident has nothing to do with her other than the judge reduced my child support for 2 months due to not working. i live in virginia.

Jan F Hoen
Jan F Hoen
answered on May 9, 2017

Your recovery or settlement proceeds are yours. She has no claim to them.

You may want to consult a family law attorney if you are in divorce proceedings.

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1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

My sister took out a guardianship on me by lying her way through and using my Medical Drs. name in the process and he stated he did not release any info to her I went to court and my medical records were so good there was no way she could win so she removed herself and now wanting me to pay her... View More

Jan F Hoen
Jan F Hoen
answered on May 5, 2017

Have you reported the theft to the police? Theft is a criminal matter.

It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.

2 Answers | Asked in Workers' Compensation and Employment Law for Virginia on
Q: My Dr. Says no duty, The IME says lighty duty, im worried ill lose my job for not being able to stay all day.

Should i contact a lawyer and seek counsel?

Jan F Hoen
Jan F Hoen
answered on Apr 18, 2017

If there is a dispute about your work status and wage benefits, you should consult an attorney.

Do not quit your job under any circumstances. If you are fired for medical reasons due to the work injury, your employer will still have to pay you.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: If I am on Light Duty from a job related injury and I have a follow up visit with the Doctor is that time covered

I am on light duty and i have a follow up visit with the doctor, but I am being told i will not be covered for this time and will need to use personal time to cover this.

Jan F Hoen
Jan F Hoen
answered on Apr 18, 2017

Was this a Virginia work injury?

If you have a compensable Virginia work injury, any medial treatment for the injury should be covered, as well as your mileage. However, wage benefits do not accrue unless the doctor has you on "no work" status.

If you are not covered by an...
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1 Answer | Asked in Personal Injury for Virginia on
Q: If I fell in a store but I was already injured can I still sue them for additional injuries?
Jan F Hoen
Jan F Hoen
answered on Apr 14, 2017

Assuming you can prove that the store was negligent and their negligence caused your fall, you can recover for any new injury caused by the fall. You can also recover for any aggravation to a prior condition.

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.

Jan F Hoen
Jan F Hoen
answered on Mar 22, 2017

There is no compensation for pain and suffering under the Worker's Compensation Act.

However, there would be in a third-party action against the tractor trailer.

The comp carrier will actually have a lien against that case for the benefits they paid for medical treatment and...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: i am in virginia will comp offer a settlement even if my injury is not permanent?
Jan F Hoen
Jan F Hoen
answered on Mar 15, 2017

It depends on the value of your open award for benefits. You are entitled to lifetime medical benefits for related medical treatment, regardless of whether the injury is permanent or not.

If your injury is serious enough that you are likely to require substantial future medical expenses...
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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?

Jan F Hoen
Jan F Hoen
answered on Mar 15, 2017

Yes. He needs to notify the Virginia Worker's Compensation Commission of his change of address and will continue receiving benefits. If there is a dispute about his award, he should retain an attorney in Virginia for assistance since the injury occurred in Virginia.

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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?
Jan F Hoen
Jan F Hoen
answered on Mar 15, 2017

The Virginia State Bar has a lawyer referral service you can call toll-free:

(800) 728-5768

It will provide you a brief consultation with an attorney in the desired area of practice for a minimal charge.

If you need more than just information and wish to retain an attorney...
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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

Jan F Hoen
Jan F Hoen
answered on Mar 15, 2017

You hire the attorney. We take cases on a contingent fee, which comes out of the award or settlement and is paid separately from the employee's recovery directly to the attorney. The Commission must approve the fee before it is paid by the employer's carrier.

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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.

Jan F Hoen
Jan F Hoen
answered on Mar 15, 2017

Probably, depending on how long ago your injury happened.

An expert will probably be necessary to prove that the chair had a manufacturing defect, as opposed to being not properly repaired or maintained by your employer, who has immunity.

The comp carrier will have a lien for the...
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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?
Jan F Hoen
Jan F Hoen
answered on Mar 6, 2017

More information is necessary to answer this question. In general, when you are unable to work due to surgery that is covered under your award the employer should pay wage benefits. However, certain limitations may apply.

Consult with a worker's compensation attorney in person with...
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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

Jan F Hoen
Jan F Hoen
answered on Mar 6, 2017

It is not possible to answer this question without reviewing the documents filed with the Commission to determine the history and status of your case.

Since it appears that benefits are being denied, you should consult directly with counsel.

God Bless,

JFH

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2 Answers | Asked in Personal Injury for Virginia on
Q: If I file a case after my motorcycle accident does that mean I have to testify in court?
Jan F Hoen
Jan F Hoen
answered on Feb 10, 2017

If you file and serve a suit, you need to testify in order to obtain a judgment unless there is other evidence sufficient to prove liability and damages. If you do not have an attorney yet, I strongly recommend against going to trial without one.

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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

Jan F Hoen
Jan F Hoen
answered on Feb 7, 2017

Unless he was terminated because he filed for worker's compensation, he needs to file for unemployment and find another job. In Virginia, unless there is an employment contract or union benefits he can be terminated at will.

If he is medically unable to work or their is evidence to...
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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.

Jan F Hoen
Jan F Hoen
answered on Feb 5, 2017

A great deal more information would be required in order to answer your question.

Meet with a worker's compensation attorney in person for a consultation.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can my attorney accept and sign award areement without my consent? Can it be re opened? Is this legal?

Got hurt on job last year. Had surgery, was payed TTD for 17 weeks but the amount was wrong. Insurance never payed medical bills so I hired an attorney. Never met the guy in person and had only 1 phone conversation with him, only dealt with legal secretary. I handed over ALL medical bills, ALL of... View More

Jan F Hoen
Jan F Hoen
answered on Jan 21, 2017

You should speak with your lawyer in person for clarification.

If there are still benefits outstanding another claim may be filed.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Will comp offer a settlement be offered if my injury isn't permanent
Jan F Hoen
Jan F Hoen
answered on Jan 10, 2017

Your location is indicated as Chicago.

Is this a Virginia Worker's Compensation Commission claim rather than a claim in another state or a federal Department of Labor claim?

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If I'm exposed to a chemical at work that makes me sick and unable to work, will that qualify for workers' comp?
Jan F Hoen
Jan F Hoen
answered on Jan 7, 2017

It may. Consult an experienced worker's compensation attorney in your area.

2 Answers | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Civil Rights for Virginia on
Q: Can a service dog "instinctively" protect it's owner from a criminal attack, or from criminal harm?

I am totally disabled from a TBI, and my service dog is a Great Dane. The dog has never been professionally, or unprofessionally trained to attack so, I want to know what would happen to me, and / or my service dog in court if the dog "instinctively" protects me from harm?... View More

Jan F Hoen
Jan F Hoen
answered on Jan 3, 2017

It is not possible to accurately answer your hypothetical without all the facts.

If you are sued, retain counsel to defend you.

Report any claim immediately to your homeowner's insurance carrier as soon as you are notified of it.

In general, unless the dog has attacked...
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