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Questions Answered by Jan F Hoen
1 Answer | Asked in Workers' Compensation for Virginia on
Q: I received a lifetime benefit award in a Virginia workers comp case Could I receive payment and forfeit my lifetime awar
Jan F Hoen
Jan F Hoen
answered on Dec 27, 2016

That depends on whether or not the employer's insurance carrier is willing to make an offer to settle the claim and close the award.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: My employer is refusing to pay out workers' comp benefits because they are accusing me of saying my injury is more

than it actually is. How do I refute this?

Jan F Hoen
Jan F Hoen
answered on Dec 10, 2016

If you are being refused treatment, it may be necessary to retain counsel and request a hearing. You will need medical evidence to support the claim.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I broke my wrist at work have been out of work 3 months was told surgery was not necessary but ended up needing surgery

I asked to go back light duty due to financial losses need to work will this complicate my case

Jan F Hoen
Jan F Hoen
answered on Dec 9, 2016

Whether you are eligible for light duty is a medical issue. If you are on no-work status and violate your doctor's instructions, you could re-injure yourself, which would complicate your case and potentially cut off your benefits.

If light duty work is available, make sure that your...
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2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Virginia on
Q: Should I continue to be paid wage loss if my patient dies while I am on a workman's comp claim?

worked for a private family doing CNA work when I sustained a lower back injury while helping her out of the car. I sought medical attention 2 days later when the pain did not subside. Insurance company contacted and took three weeks to set me up with a Doctor. The Dr. Put me on light duty not... View More

Jan F Hoen
Jan F Hoen
answered on Dec 7, 2016

The information you provided does not clearly state sufficient facts to answer your question.

Your medical records would need to be reviewed for additional information.

The second injury does not appear to be compensable but if your claim was denied, consult an attorney in your area...
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2 Answers | Asked in Car Accidents for Virginia on
Q: Should I sue for damages in an auto accident that I was not at fault and their ins. has denied claim.

I was rear ended in an auto accident. The driver of the other vehicle did not own the car he was driving. The owner of the vehicle has insurance but does not feel responsible for damage to my truck. I have filed a claim with her insurance company, they denied the claim because they cannot get in... View More

Jan F Hoen
Jan F Hoen
answered on Nov 27, 2016

Do not give up. An attorney can assist you with your claim. If the claim has actually been denied, as opposed to delayed in being accepted, you need to make sure your own insurance carrier has been notified of a possible uninsured motorist claim.

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4 Answers | Asked in Personal Injury for Virginia on
Q: I got MRSA in a hospital after a knee replacement . I've heard it's hard to prove that's where I got it

I had 27 surgeries trying to save it.I lost my leg in 2011 but I got MRSA before that . Has it been too long to do anything about it?

Jan F Hoen
Jan F Hoen
answered on Nov 11, 2016

The statute of limitations is two years from the date of injury.

There are some limited exceptions but an attorney would have to review your records to determine if any apply.

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2 Answers | Asked in Personal Injury for Virginia on
Q: How does a court decide the sum of a monetary award for pain and suffering?
Jan F Hoen
Jan F Hoen
answered on Nov 11, 2016

Pain and suffering damages are not calculated by any particular formula.

The plaintiff must prove them by evidence of his/her injuries, the nature and extent of them, treatment necessary and time required to heal, effect on activities of daily life, and any other resulting issues arising...
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I got hurt at work October 12 of this year.lower back injury I am still off work should I contact a lawyer?
Jan F Hoen
Jan F Hoen
answered on Oct 25, 2016

You should make sure that you have a claim filed to protect your rights to benefits.

It would be prudent to consult a worker's compensation attorney to explain the process to you, so that you will know when it becomes necessary to retain counsel.

If you claim has been denied...
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: An on job injury from policy to remove shoes for entry, how does that not qualify for workers comp VA code 65.2-101

I removed my shoes to be placed in an X-ray machine for entry into the prison I work in. Security placed my watch inside my shoe prior to giving the basket to me. Due to diabetic neuropathy, I did not feel the watch and walked on it the duration on my shift causing deep lacerations on the bottom of... View More

Jan F Hoen
Jan F Hoen
answered on Oct 14, 2016

I would contest the decision. However, if there is no permanent injury or further medical treatment necessary and no time missed from work there may not be enough there to pay an attorney's fee.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Greyhound driver crossing deleware bridge cable smashed through drive r window almost killed me very tramatized glass

Hands went to concentra they said i would be reffered to surgeon by ins co its been over week still no referal can i just go to hospital and do i need lawyer

Jan F Hoen
Jan F Hoen
answered on Oct 14, 2016

There is insufficient information to answer your question. Speak with your case manager for an explanation.

In order to protect your benefits, consult a worker's compensation attorney near you.

God Bless,

JFH

3 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can a motorist sue for physical, emotional damages after driving away fine, and not fillng an insurance claim in nj?

i was in going straight and the other vehicle was turning left, but was standing really close to the line when i drove off my door scrap against their door. police officers came no tickets are blame were given the motorist drove off and i went on my way that was 2 years ago now i receive a lawsuit... View More

Jan F Hoen
Jan F Hoen
answered on Oct 6, 2016

Allow your insurance company to handle this matter.

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2 Answers | Asked in Car Accidents for Virginia on
Q: If there is a car accident involving a pedestrian who darted into on coming traffic, who is at fault?

The pediestrian was homeless and darted into 6am work traffic.

Jan F Hoen
Jan F Hoen
answered on Sep 28, 2016

Based on your brief description, an insurance company would deny such a claim if made by the pedestrian. If you were the driver, report the incident to your insurance carrier immediately.

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1 Answer | Asked in Personal Injury, Workers' Compensation and Insurance Bad Faith for Virginia on
Q: How long do an insurer have before they have to respond to my claim, after they chose further Investigation.

They responded to the claim by checking further investigation. Now how long do they have after that, before they have to respond. Also any injury I obtain due to this amputation, such as losing my license and being held contempt of my Childsupport obligations. Can the Commissioner make the insurer... View More

Jan F Hoen
Jan F Hoen
answered on Sep 15, 2016

Once a claim for benefits has been filed with the Commission, a 20-day order is issued requiring the employer to accept or deny the claim. Perhaps you have not filed a claim form yet. Consequential damages are not benefits which can be awarded by the Commission; only statutory benefits for medical... View More

2 Answers | Asked in Employment Law and Workers' Compensation for Virginia on
Q: if an owcp check comes to me to i have to share it with a lawyer. I had to threaten to sue my employer and I did file

i filed paperwork with merit systems and only then did I get a response after waiting for 4 years. he has terrible reviews online. The system is somehow rewording my question. Simply, if owcp mailed money to me, do I have to share it with a shoddy lawyer?

Jan F Hoen
Jan F Hoen
answered on Sep 1, 2016

Not many attorneys (myself included) handle federal comp claims but my undersatanding is that the DOL must approve an award of an attorney fee and contingent fees with a client are not permitted. The attorney has to apply for his fee. If you received benefits, the fee should not come out of them.... View More

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Is there an expiration on how long you can get workers compensation from your employer

My workman's compensation is telling me that my 500 weeks are up and then I need to find an alternative as far as payment is concerned especially since I still have the problem that I have been diagnosed with.

Jan F Hoen
Jan F Hoen
answered on May 26, 2016

The limit for wage benefits is 500 weeks, except for certain types of catastrophic injuries. Your question does not provide sufficient information to determine if you qualify. Consult an attorney near you for additional advice about your available options, such as social security disability... View More

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1 Answer | Asked in Personal Injury for Virginia on
Q: light cover at hospital fell and landed on top of my baby in the pediatric unit.

Luckily it landed at an angle and barely hit her head. I almost passed out as I thought something major was going to happen to my daughter. Doctor came in and checked her out and says she seems fine. Is there anything I can do?

Jan F Hoen
Jan F Hoen
answered on May 26, 2016

Fortunately, your child was not injured. The hospital owes you an apology but with no injury they do not owe compensation. Virginia does not allow a person to make a claim for distress except in connection with an actual injury to himself/herself; not to another person.

Give thanks to God...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: I had rotator cuff surgery dr said he would not advise me to go back in my line of work heavy lifting whats my options
Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

There is insufficient information to answer your question without an in-person review of your records and VWCC documents.

1 Answer | Asked in Workers' Compensation and Car Accidents for Virginia on
Q: My knee was injured at work on Dec. 29 th. The workers comp was paying for doctor, meds, PT, and last appt an injection

This was in March (was still having pain) April 8th I was in an auto accident and broke my tibia and fibula of the same leg. Any ideas what happens with workers comp in VA NOW? It still bothers me but am afraid they will say it's due to the accident. Please help

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

This question is best answered by an attorney who has an opportunity to review your records and obtain opinions from your physicians.

As a general matter, there will probably be a worker's comp lien for payments made after the date of the auto accident by the employer's insurance...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: can I receive a settlement and still have lifetime medical for 25% permanent partial disability

left lower extremity injury, I still needs anti inflamatory for swelling. I returned to work Feb

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

A permanent partial rating approved by your panel physician should qualify for a lump sum award. It is not necessary to settle the award for lifetime medical benefits, which is separate. A qualified and experienced attorney can assist with evaluating your claim if you are still interested in a full... View More

1 Answer | Asked in Family Law and Personal Injury for Virginia on
Q: A lady just picks my child up forces hugs and kisses her, While supposed to be working and refuses to put her down until

second Time asked, can I sue the gas station for negligence or anything. Traumatic experiance for my daughter left her crying for an hour, and she's acted different all day now,this just happened last night. I honestly have been mentally affected by this happening to me and my child also I... View More

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

You personally are unlikely to have a viable claim without any physical injury to yourself. Claims for emotional distress alone are strongly disfavored by Virginia courts. While your child may technically have a claim you could pursue on her behalf, there does not appear to be any significant... View More

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