Get free answers to your Workers' Compensation legal questions from lawyers in your area.
The employer and Ins Co signed this agreement , which they wrote , Employer was to pay weekly check ,we asked two different attys if he should sign and was told go ahead . now last week pay ck was returned to our bank so our bank charged our checking acct , amt of ck and ret ck fee . Today... View More
answered on Jun 8, 2017
Schedule an appointment with your attorney to discuss this. The employer can be penalized for late payments.
Will I lose my rights?
answered on Jun 8, 2017
It is unclear what you mean by "end of my claim."
If you are under medical restrictions and receiving wage benefits, you lose the wage benefits when you resign.
Be sure you are under an Award Order to preserve your lifetime medical award.
Was hurt on may 31 2017 by coworkers negligence. Left work half day for first day but been on light duty with one arm. Going to have a scar on my elbow. Could I qualify for pain and suffering or some sort of settlemen. Dr released me to full duty but still have slight pain in arm. He said come... View More
answered on Jun 7, 2017
You are entitled to medical treatment; not pain and suffering. The scar could possibly qualify for a minor award if it is permanent and significant. It is also possible that the employer's insurance carrier may offer a settlement to close out the claim and terminate any future benefits.
To receive workmens comp benifits
answered on Jul 31, 2017
Yes, if your employer had more than 2 employees regularly in service in Virginia. You should file a Claim for Benefits with the Virginia Workers Compensation Commission and consult an experienced Virginia work comp attorney.
Own Physicians. They will not accept them. I have agreed to see their doctor and now they want me to sign a release of information. This is no problem for me except my appointment is in a month and they are pressuring me hard to sign papers now. What am I missing?
answered on Jul 31, 2017
Under Virginia Workers Compensation law, you have the right to request a panel of 3 authorized physicians from the employer or its WC insurance company. Then you can pick your treating doctor from the panel. The employer/insurer also has the right to send you to an Independent Medical Exam (IME).... View More
I was injured on March 15 2017, did not get in to see a Dr until March 27, was them told I needed am MRI which took another 3 weeks to get done. I have had 1 follow up appointment and 1 hour of PT. My last appointment was may 10th when they diagnosed me. I have yet to receive any treatment or hear... View More
answered on May 30, 2017
If your injury was rreported and accepted as compensable, you should have an adjuster or nurse case manager to coordinate your treatment. This person tupically works with the doctor's staff to schedule treatment. Speak to them and to the doctor to find out what is happening. If the employer is... View More
If there are no jobs available where I live, and I still receive by Workmen's Comp.'s payments, can I do light duty work from my home?
answered on May 23, 2017
You indicate you have been on workers compensation since 2002. In Virginia the usual limit for workers compensation payments is 500 weeks or about 10 years. However, you indicate you have been receiving workers compensation for about 15 years. You would need to provide more details. Is this a... View More
I was injured and did not originally file for workers comp as I was told I would be reimbursed for expenses and now it has been over a month since injuries and several hundred dollars out of pocket with no reimbursement to this point. Is it to late for me to seek counsel?
answered on May 18, 2017
You should immediately file a claim with the Virginia Workers Compensation Commission with your unpaid bills. This often gets bills paid. The number to call is 1-877-664-2566. If you have a serious injury, then you may want to contact a Virginia Workers Compensation lawyer.
answered on May 18, 2017
You will receive your check once the order is entered and the employer's insurance carrier processes the check. Normally within a couple weeks. After 30 days, they are subject to a penalty.
answered on May 18, 2017
If you are a true independent contractor, then you should have purchased workers compensation insurance to cover your work. If it is possible you are an "employee" and maybe covered by your employer's insurance then you should contact a workers compensation lawyer to review your... View More
answered on Apr 21, 2017
It can be difficult to obtain workers compensation for an occupational disease in Virginia. Your doctor has to say your asthma is due to your work exposure and the doctor has to exclude other causes of the problem. Also, the asthma cannot be a pre-existing condition. You have two (2) years from the... View More
answered on May 18, 2017
If you are under an AWARD that awards you weekly WC payments and unless there is an agreement to the contrary or unless your payments have been suspended, you would receive weekly payments up to the date the settlement is approved by the Commission (but these are questions you should ask your... View More
I am on light duty and i have a follow up visit with the doctor, but I am being told i will not be covered for this time and will need to use personal time to cover this.
answered on Apr 18, 2017
Workers Compensation does not cover an injured employee for lost time until that lost time exceeds seven (7) days. If it has in your case, then the lost time in going to the doctor should be covered.
Should i contact a lawyer and seek counsel?
answered on Apr 18, 2017
This is a case where you need an attorney. Virginia has the treating physician rule. Normally, the treating doctor dictates work status. In your case the Defense Medical Examiner (DME) has said you can do light duty work. The insurer can decide to go with the DME. However, if your doctor is the... View More
answered on Apr 14, 2017
No you cannot. If you do your compensation will be terminated or reduced based on the income from the part-time job.
Went to court, judge ordered a mediation and if they couldn't come up with a settlement, the judge would settle the case? Why are they trying to put me into another job? They state they don't want me back on their property but no official termination letter and I think my lawyer is against me?
answered on Apr 12, 2017
You need to sit down and discuss this with your lawyer. Unless your problem involves an injury, this would be a workers' compensation question but rather an employment law question. You may want to ask it again in the employment area. You need not provide enough information for any other kind... View More
My work truck was rear ended by tractor trailer while on the job. I sustained neck strain, back injections due to lower back strain, shoulder contusion, head laceration closed with 8 staples, concussion with loss of consciousness and ,8 months of physical therapy.
answered on Mar 22, 2017
In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers'... View More
answered on Mar 16, 2017
In Virginia if you have already lost seven (7) days due to your injury, then you should be compensated for additional lost time such as lost time due to a doctor's appointment.
answered on Mar 15, 2017
Yes, I have had many clients who have had more than one claim. For each injury or accident you have, you can have a Virginia Workers Compensation claim. However, you cannot be paid twice for being out of work. You can have separate medical awards for each injury. If you need more information, you... View More
answered on Mar 15, 2017
The Virginia State Bar has a lawyer referral service you can call toll-free:
(800) 728-5768
It will provide you a brief consultation with an attorney in the desired area of practice for a minimal charge.
If you need more than just information and wish to retain an attorney... View More
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.