Virginia Workers' Compensation Questions & Answers

Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 15, 2017

While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.
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Q: Am i entitled to a settlement if I been out of work for four months from a lumbar sprain the Dr's release me today

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Nov 14, 2017

If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just to close the books on your claim, the insurer could offer you a minor settlement but they are "not" required to do so.
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Q: Won a work comp case, medical benifits awarded Dec 29,2016. Need surgery on fractured foot. They sent an ADR letter

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

If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.
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Q: can I reopen my workers comp claim?

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

If you filed a claim at the time of injury and are under an award for lifetime medical benefits, contact your case manager. If you are not under an award, the statute of limitations will most likely bar a claim.
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Q: I have been out of work for a year first doctor messed up broke heal bone have screws was put on permanent restriction

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 17, 2017

You need to contact an experienced workers' compensation lawyer. As I see the big issue in your case is whether or not you will be able to obtain a new job that equals or exceeds your pre-injury job. Your chances of doing that will probably determine the value of the remainder of your claim. Another question will be whether or not you need pain management for the rest of your life.
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Q: Do I need an attorney? Suffered TBI at work from stuck door hitting me in head, management knew about door problem.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Oct 17, 2017

The medical care is supposed to be directed by your treating physician and not by the insurance company. You should consult an experienced workers compensation lawyer about this problem with the insurance company.
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Q: I was at work and stepped off a transfer cart that was about 3 or 4 inches higher then the floor and my foot gave out.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Oct 7, 2017

Since the claim has been denied, you should consult an attorney in person to determine what course to follow.
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Q: How much can I get from a back injury at work through a settlement with works comp?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Oct 7, 2017

It depends on whar the employer is willing to offer, how much in benefits they have exposure for, your TTD rate, severity of the injury, and likelihood of prevailing at the hearing, among other factors. An evaluation would require review of your records and probably conducting some discovery.

You would benefit from consulting an attorney in person.
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Q: I was awarded med benefits for my injury that happened at work i have been seeing the same physician that Initially

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Sep 29, 2017

This is the procedure. You have an accident. You report it to your employer. The employer reports it to is WC insurance carrier. Then, the insurance company is supposed to send you a panel of three (3) doctors to pick a doctor from. When you pick that doctor, that doctor becomes the "authorized" doctor. Sometimes it does not work that way. In your case, it appears you went to the ER and got treatment at the ER. If the surgery was done by the ER doctor, then you should be OK. You need to contact...
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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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