Virginia Workers' Compensation Questions & Answers

Q: Can you loose your Lifetime medical award ?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 9, 2019
Jerry Lutkenhaus' answer
In a way yes, if the authorized doctor says you no longer need medical care for your injury, then that is the effective end of your medical coverage. You can also lose medical care if you refuse medical care that could correct your medical problem. If losing medical care is an issue, you should contact an experienced WC lawyer to discuss your case.

Q: Injured on the job and haven't missed any time from work can you still file for wage loss benefits

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 9, 2019
Jerry Lutkenhaus' answer
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. You can contact the Commission at 1-877-664-2566. You can file your claim on line.

Q: If my workers' compensation claim doesn't get approved, can I choose then to sue my employer for a personal injury if I

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 8, 2019
Jerry Lutkenhaus' answer
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 employer for negligence. You only have that right if the employer does not have workers compensation insurance.

Q: When traditional methods of treatment don't work surgery is proposed what other options do you have if you don't want

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 7, 2019
Jerry Lutkenhaus' answer
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.

Q: Received lifetime medical for my injury almost two years ago exactly 18 months. Seeing Ortho surgeon for a year. Tkr

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 7, 2019
Jerry Lutkenhaus' answer
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 lawyer to check on your rights in this matter.

Q: In Va, can you still win a woman's comp case if the tox screen shows that you had alcohol in your bloodstream?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Dec 25, 2018
Jerry Lutkenhaus' answer
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.

Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
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.

Q: I have a relative who was injured on job 6 months ago and major surgery was required.

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 8, 2018
Jan F Hoen's answer
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 way to commute to the job (share a ride, public transportation, accommodation by employer, etc.). Loss of income for two weeks may not be enough of a claim to justify retaining an attorney, unless...

Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 29, 2018
Jan F Hoen's answer
No. But you can file a claim yourself.

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

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?

2 Answers | Asked in Employment Discrimination, Employment Law, Libel & Slander and Workers' Compensation for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
Your attorney should be able to guide you through this process and advise you. Good luck.

Q: Can workers comp deny my claim of a broken bone when it was not broke before?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 8, 2018
Jan F Hoen's answer
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/

Q: Do we need workers' comp for a cleaning lady we hire to come in twice a month?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 26, 2018
Jan F Hoen's answer
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.

Q: Hurt at work and had to have a knee replacement. insurance company said all i am entitled to is lifetime medical.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 24, 2018
Jan F Hoen's answer
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.

Q: Should my husband get a new attorney or accept the offer or fight on?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Sep 4, 2018
Jerry Lutkenhaus' answer
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 indicate there are “past” back problems. It is very easy for the defense doctor to cite the old problems as the reason for his current difficulty. Another attorney would have to review the entire...

Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Aug 29, 2018
Jan F Hoen's answer
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.

Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Aug 13, 2018
Jan F Hoen's answer
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.

Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 3, 2018
Jerry Lutkenhaus' answer
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.

Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 3, 2018
Jerry Lutkenhaus' answer
In Virginia sitting at a desk all day would not count as a work place injury.

Q: I need to know about workers comp in va

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 1, 2018
Jan F Hoen's answer
It is unlikely that the event you describe would qualify as an injury by accident as defined by the Virginia Workers Compensation Act.

Q: Should my husband get a new attorney

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 3, 2018
Jerry Lutkenhaus' answer
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 totally disabled your husband may have an obligation to look for light duty work within his work restrictions. You need to discuss this with your lawyer. You can certainly change lawyers; however, your current...

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