Newport News, VA asked in Workers' Compensation for Virginia

Q: How much can I get from a back injury at work through a settlement with works comp?

Benefits stop due to positive drug test a year later on a docs appointment and benefits were I have a hearing and they offer if I want it to settle

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2 Lawyer Answers
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: It depends on whar the employer is willing to offer, how much in benefits they have exposure for, your TTD rate, severity of the injury, and likelihood of prevailing at the hearing, among other factors. An evaluation would require review of your records and probably conducting some discovery.

You would benefit from consulting an attorney in person.

  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: You have a tough situation. You indicate you failed a drug test and your benefits were suspended. I assume the insurer is contending you failed to comply with medical care by taking illegal drugs. At the hearing the insurer will document this by providing the report from the Doctor. Unless the Doctor is willing to re-test you it may be difficult to "cure" this non-cooperation with medical care.Your benefits are "only" supposed to be suspended during the period of the refusal. One big issue is the severity of your disability. You would need to consult an experienced workers compensation lawyer to review "all" of the details of your situation.

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