Virginia Workers' Compensation Questions & Answers

Q: I suffered a back injury while working for a former employer. He paid out of his pocket for chiropractic care.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Virginia on
Answered on Sep 25, 2017

The statute of limitations to file a claim is two years. You should have filed within that time. Your claim is most likely barred.

There are some limited exceptions but you would need to consult directly with an attorney to see if they might apply.
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Q: If I'm a building contractor that hires an electrician one time, are they considered "regularly employed"?

1 Answer | Asked in Workers' Compensation and Employment Law for Virginia on
Answered on Sep 22, 2017

You indicate you are a building contractor. You did not indicate how many employees you have. If you have two (2) or more employees regularly in service, then you need to provide workers' compensation coverage. If you sub out the electrical work, then the electrician is an independent contractor and should carry his own workers' compensation coverage. You should make sure the agreement is clear he is an independent contractor and not an employee (who is paid by the hour and supervised by you).
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Q: Does Virginia require an examination by their drs to close a workers comp case.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 18, 2017

I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5 cents per mile. She can decline but I would talk this over with an experienced workers compensation lawyer first before she did this.
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Q: Can I return to work, different/same position, while waiting to see a doctor? Or while waiting to be approved?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 18, 2017

If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers' Compensation law.
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Q: 2nd Degree burns with permanent Scar on forearm working fastfood is this a legit case to sue and what is reasonable

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Aug 9, 2017

If you were injured at work, you can file a claim for permanet scarring with the Virginia Workers Compensation Commission if your scar is at maximum medical improvement.
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Q: A 6000 pound forklift ran over my foot while at work and I've been out of work a little shy of 3 months.

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Aug 2, 2017
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Q: I was recently injured on the job and I was denied workers compensation because my work will not take care of it. Help?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jul 31, 2017

Schedule a consultation with a worker's compensation attorney for a free evaluation of your claim.
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Q: I am being required to have a test done by my employers preferred doctor. I have already sent letters of results from my

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
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). An IME is with a defense doctor and is usually not treatment, just an opinion. You might have to sign a medical release.
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Q: I work as a bouncer and get paid cash nightly.I was injured and am out of work for minimum of two months. Am I entitled

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
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.
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Q: What kinds of things typically come out during pretrial discovery in lawsuits?

1 Answer | Asked in Employment Law, Estate Planning, Traffic Tickets and Workers' Compensation for Virginia on
Answered on Jul 31, 2017

For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond to pretrial discovery or interrogatories from the defense attorney without first consulting an experienced Virginia work comp lawyer.
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Q: my son had a ground level fall at work and injured his head....he has no memory of why he fell and no witness

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Jul 31, 2017

Check with an experienced Virginia work comp attorney IMMEDIATELY and BEFORE he gives any statements to his employer or to the employer's work comp insurance company!
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Q: I work on a pick up construction crew - is the boss responsible for workers' comp?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 31, 2017

If the employer has more than 2 employees regularly in service in the state of Virginia, then the employer is required to carry Workers Compensation insurance. The injured worker still has the right to file a Claim for Benefits with the VWC Commission within 2 years of the accident. Check with an experienced work comp attorney, especially if you are a day laborer or paid cash under the table.
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Q: If Va if your a state employee does the Commonwealth have to settle your workers comp claim

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 31, 2017

No. If you're not currently collecting state health benefits, they "MIGHT" be willing to settle your Virginia Workers Compensation claim.
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Q: Signed a waiver for medical attention. In pain hurting can i file workers comp & go to dr they cover bill

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 27, 2017

If you injured yourself at work due to a band having wrapped around your ankle, then that sounds like a compensable injury at work. You did not help yourself by refusing medical attention. You need to get medical attention as soon as possible to document your injury. You should first request this from the employer. If they will not authorize it, then you have to do it on your own and hope eventually the employer's WC Insurance Company will have to pay for it. You can call the Virginia Workers'...
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Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jul 20, 2017

Your date is incomplete. Hopefully it is 2017.

If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.

Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.

If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation....
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Q: I was injured at work. No treatment. Have compensational injuries. Company wants me to resign in order to recieve money

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jul 11, 2017

It is not unusual for an employer to require resignation when they offer to settle and close out an open claim. You do not have to settle if you wish to keep an award for medical benefits. However, you have indicated that you have not had medical treatment yet.

It would be advisable to consult a worker's compensation attorney in your area before making your decision.
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Q: reopened workers comp case for condition getting worse, am i entitled to another settlement

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 25, 2017

It depends. If you previously had a full and final settlement for this particular accident, you cannot then get a second settlement. You need to review your prior settlement to see if it was a full and final settlement. You can also ask the lawyer who obtained this settlement for you. If your condition is now worse, then that is the precise reason why one should be cautious in entering a settlement.
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Q: My husband fell about 12 feet off a ladder in December. He fell on his head and shoulder. He went to the dr

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 19, 2017

If this happened in D.C., consult with a D.C. attorney.

If in VA, he should be under an award and will need to file a Claim for Benefits if he is not.

An attorney can assist him with that process.
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Q: Can the Ins Co tell the employer to stop the weekly paychecks without notifying you or your Workman's Comp atty?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 8, 2017

Schedule an appointment with your attorney to discuss this. The employer can be penalized for late payments.
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Q: I am planning on working for a new company at the end of my claim. Will giving my 2 weeks while I'm still involved?

2 Answers | Asked in Workers' Compensation for Virginia on
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.
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