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West Virginia Workers' Compensation Questions & Answers
1 Answer | Asked in Education Law, Personal Injury and Workers' Compensation for West Virginia on
Q: I’m a teacher of 3 years. At no time during my education or training was I informed that my mental and physical health

would be at risk on a daily basis. I’m 63 with no hope of any job of equitable pay and benefits. I’m struggling through every day. I’ve been pushed into a door and had materials thrown at me. I’m mocked and insulted daily by students and parents. Can I sue my university or county for... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. One option for you to learn about your rights and options here could be to reach out to workers' comp attorneys, who generally offer free initial consults. They are... View More

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for West Virginia on
Q: put wrong date on claim will claim get dismissed
Tim Akpinar
Tim Akpinar
answered on May 15, 2023

A West Virginia attorney could advise best, but your question remains open for four weeks. When it comes to information on insurance forms in general, errors of that kind can usually be corrected if entered accidentally and innocently. Good luck

1 Answer | Asked in Employment Law and Workers' Compensation for West Virginia on
Q: I was terminated for work performance three months after filing a worker's compensation claim. Do I have a claim?

I was injured on September 4th. Starting two weeks later, I was written up once a month (in September, October, and November) before being terminated 1/1/21. All of the write ups were for work performance. I was never given assistance or accommodation to ease my workload, despite being told that my... View More

Kyle Anderson
Kyle Anderson
answered on Jan 6, 2021

Hi, I would reach out to an employment lawyer in your state for a consultation. Some states, like Ohio, have laws preventing employers from retaliating or terminating an employee because the employee filed a workers compensation claim.

1 Answer | Asked in Personal Injury and Workers' Compensation for West Virginia on
Q: Does a person need to go back to work 100 days after surgery
R. Joseph Kramer
R. Joseph Kramer
answered on Jun 10, 2020

It all depends on the circumstances. In Illinois, where I am licensed, if your doctor has not cleared you to return to work then you should not go back to work. If the doctor has told you that you may resume work, you would not be entitled to any additional compensation for the time you spent off... View More

1 Answer | Asked in Workers' Compensation for West Virginia on
Q: Will I still receive a settlement from compensation for my back surgery after I return to work?

It's in WV through brickstreet. I just had three discs repaired with a fusion on two of them. Will I still receive a settlement for my injury even if I return to work?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Dec 18, 2017

If your claim is in West Virginia, you would have to contact a West Virginia lawyer for legal advice. If you are able to return to work without "any" work restrictions even though you had a back fusion that would decrease the value of your settlement.

1 Answer | Asked in Personal Injury, Workers' Compensation and Animal / Dog Law for West Virginia on
Q: What do i do?

I'm a delivery driver for papa John's and friday night i was on a delivery and was attacked by the owners dog while going to knock on the door. I did not see any beware of dog signs and the owners of the dog wouldn't even come outside two younger children come out and got the pizza.... View More

D. Michael Burke
D. Michael Burke
answered on Nov 19, 2017

You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least... View More

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