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Virginia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Virginia on
Q: Injured on the job and haven't missed any time from work can you still file for wage loss benefits
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jan 9, 2019

If you were injured on the job and have not missed any time from work, then you cannot file for any wage loss benefits because you have "not" suffered any wage loss. You should contact the Virginia Workers Compensation Commission and make sure your a medical award is entered in your case.... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: When traditional methods of treatment don't work surgery is proposed what other options do you have if you don't want

Surgery unless it's the very last result any suggestions

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jan 7, 2019

You can try alternative methods such as physical therapy, aquatic therapy, chiropractors, accupunture, pain management, dry needling, spinal stimulator, etc. If you need more advice you should contact an experienced workers compensation lawyer.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Received lifetime medical for my injury almost two years ago exactly 18 months. Seeing Ortho surgeon for a year. Tkr

second opinion he wants to do arthroscopic surgery. I don’t want either at this time because both said not sure it’s may not solve my pain can I loose my benefits ?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jan 7, 2019

I take it that you have an AWARD for lifetime medical benefits for your injury from the Virginia Workers Compensation Commission. If the proposed surgery is just proposed as an "option" then it may not be something you have to do. You should contact an experienced workers compensation... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: In Va, can you still win a woman's comp case if the tox screen shows that you had alcohol in your bloodstream?

However, you can absolutely prove that the accident you had was caused by another employee and no fault of yours?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Dec 25, 2018

It depends. If the alcohol helped cause your accident, then the insurance company can try to deny your claim asserting your misconduct (drinking alcohol) caused the accident. You need to call an experienced workers compensation lawyer to discuss your case if you have a serious injury.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If my workers' compensation claim doesn't get approved, can I choose then to sue my employer for a personal injury if I

believe them to be negligence?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jan 8, 2019

If your employer had workers compensation insurance that covered your accident, then your sole remedy for your injury at work is workers compensation. If your claim is denied, then you can ask for a hearing before the Virginia Workers Compensation Commission. You do not have a right to sue your... View More

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Dec 10, 2018

You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

Jan F Hoen
Jan F Hoen
answered on Nov 8, 2018

If pay is less due to medical restrictions, a claim for temporary partial disability may be available. There is not really enough information provided in your question without review of the medical records.

Failure to work available light duty will be a problem. The person needs to find a...
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?
Jan F Hoen
Jan F Hoen
answered on Oct 29, 2018

No. But you can file a claim yourself.

See the Work Injury Guide at the hampton workers comp website for assistance.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Can workers comp deny my claim of a broken bone when it was not broke before?

I sprained my ankle a week ago but it had healed. When I slipped and fell I was sent to the er from work and they said it was broke. Talked to my employer today and she stated that workers comp might deny the case due to the previous injury.

Jan F Hoen
Jan F Hoen
answered on Oct 8, 2018

They can deny and you would need to file a claim for benefits.

I notice that your address is in MD.

If the injury occurred in Virginia, my website has a work injury guide that will assist you.

https://hamptonworkerscomp.com/

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Q: I want to go back to work after this workers comp injury is healed. I hired an attorney. Was I wrong for doing that?
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2018

Your attorney should be able to guide you through this process and advise you. Good luck.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do we need workers' comp for a cleaning lady we hire to come in twice a month?
Jan F Hoen
Jan F Hoen
answered on Sep 26, 2018

She is most likely an independent contractor.

Unless she is on your payroll as a part-time employee, she does not need to be listed on your policy.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Hurt at work and had to have a knee replacement. insurance company said all i am entitled to is lifetime medical.
Jan F Hoen
Jan F Hoen
answered on Sep 24, 2018

If you were medically unable to work under a doctor's orders for more than a week, you should have a claim for wage benefits also.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 4, 2018

Very difficult situation. You indicate a treating doctor released him to return to work. Another doctor says he needs surgery. You are scheduled to see the insurance defense doctor. Your attorney is probably right about this defense doctor. He is “paid” to give an adverse opinion. You also... View More

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?
Jan F Hoen
Jan F Hoen
answered on Aug 29, 2018

Your husband does not have to sign anything from an insurance adjuster that he does not agree to. It is his decision. It would be advisable to consult with an attorney before making that decision.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?
Jan F Hoen
Jan F Hoen
answered on Aug 13, 2018

A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 3, 2018

In Virginia sitting at a desk all day would not count as a work place injury.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I need to know about workers comp in va

I past out due to my bloodpressure but never had any problems with high bloodpressure I hurt my back right hand my knees bruise busted lip can I get va comp I was hospitalized for two days still out of work til august 7th

Jan F Hoen
Jan F Hoen
answered on Aug 1, 2018

It is unlikely that the event you describe would qualify as an injury by accident as defined by the Virginia Workers Compensation Act.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 3, 2018

In Virginia, losing vision due to constantly sitting in front of a computer would not be accepted as either a work place injury or an occupational disease.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney

We first consulted an attorney in October 2017. At that time my husband was released to go back to work and his wage benefits were stopped. He was not able to work, it took us until April of this year to get him in to see a different doctor which worker's comp finally approved for him to do... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 3, 2018

When the doctor took him off work on April 13, 2018, the lawyer should have filed a change of condition claiming the doctor had taken him out of work. By waiting until June 20, 2018, the lawyer may have delayed things. If the doctor "only" took him out of work but did not say he was... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I need serious help to get a case overturned.

I truly think that the company pay my attorney off not to fully represent me. There are a lot of things I need to discuss. I can't speak out over this phone

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 6, 2018

If you have already had a hearing it may be too late for another attorney to do anything but you can certainly contact me or another experienced Virginia Workers Compensation lawyer for a consultation.

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