Luray, VA asked in Personal Injury for Virginia

Q: i injured my back and shoulder after only 4 months i was awarded a life time medical is that normal that fast

Related Topics:
2 Lawyer Answers
Thomas H. Roberts Esq
Thomas H. Roberts Esq
Answered
  • Richmond, VA
  • Licensed in Virginia

A: Nothing abnormal. If a person suffers a sudden mechanical or structural change in their body by accident arising out of employment then they are entitled to benefits under the Workers' Compensation Act.

The injured worker must file a claim with the Virginia Workers’ Compensation Commission in order to protect their right to benefits under Virginia law, even if there have been payments by the employer or claim administrator for time missed from work because of the injury or for medical treatment for the injury.

Benefits Covered under the Virginia Workers’ Compensation Act:

Lifetime Medical Benefits – Payment for expenses related to the injury or occupational disease. Includes payment/reimbursement of out of pocket medical, prescription and transportation expenses.

Wage Loss Replacement (Temporary Total/Temporary Partial Disability): Full or partial wage loss replacement for medically authorized disability from work. (The first seven calendar days of incapacity is a waiting period but if incapacity extends beyond that period, compensation should commence on the eighth day of disability.)

Permanent Partial Disability – Compensation for loss of use of a body part, loss of hearing/vision, amputation, lung disease or bodily disfigurement/scarring.

Permanent Total Disability – Lifetime wage replacement for loss of both hands, arms, feet, legs, eyes or any two in the same accident, or is paralyzed or disabled from a severe brain injury.

Death Benefits – In cases where injury results in death, surviving spouse, children, or certain other dependents may be entitled to wage loss replacement benefits and payment of funeral/transportation expenses.

Other: Mileage reimbursement, Cost of Living Increases, if eligible. (total wage loss and fatal benefits)

Jan F Hoen
Jan F Hoen
Answered
  • Hampton, VA
  • Licensed in Virginia

A: It is not unusual, especially if the employer did not contest that the injury was compensable and forwarded you an agreement form to sign.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.