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

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2 Lawyer Answers
Thomas H. Roberts Esq
Thomas H. Roberts Esq
  • 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
  • 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.

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