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Virginia Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Q: Is my employer (Oregon) supposed to pay out accrued PTO if it is their in the employee handbook? I'm working from VA.

I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 30, 2020

Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I was injured at work & accepted an insurance settlement. My med bills are more than the settlement, can I do anything?

I was injured at work last year and was originally billed ~$5k, insurance gave me a settlement of ~$15k. I paid the $5k bill online and thought I was done but was then was sent an additional bill for $25k because I do not have health insurance and the $5k bill was only if I had health insurance. My... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

A Virginia attorney is best suited to advise here, but you await a response for three weeks. If you were not represented by a WC attorney, you could contact a Virginia workers' comp attorney to see if they would give you a free, or brief, initial consult to examine your WC file and the... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: Got injured at work, accepted and insurance settlement and paid initial bill. Received additional bills, what can I do?

I got injured last year at work (bit by a rabid cat) and received a ~$15k settlement from the customers insurance company. The original bill I received from the hospital was for ~$5k, which I paid. I just got another bill for an additional ~$25k because I do not have health insurance and my... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 12, 2020

I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Received lifetime medical for back injury went to doctor 6months after receiving award and doctors office said my case

Was closed reached out to risk management knowone several times and had no success in speaking to any one . What should I do ? I called workers compensation now I'm planning on inform them in writing

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 22, 2019

You have a lifetime medical award for your injury. However, a doctor must say you “need” medical treatment for your injury. You should review the last medical report from the doctor to see if you were released. If you disagree, then you need to see another doctor to see what that doctor says.... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I receive full sick leave pay from my employer and workers compensation pay at the same time?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 20, 2019

I would think not unless the employer has a program that says sick pay would be used to supplement workers compensation pay which pays only two thirds of your salary. I believe the City of Richmond used to do this in order to make up for the one third that an injured worker loses by going on... Read more »

4 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on
Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases
F. Paul Maloof
F. Paul Maloof answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can a worker close out a claim if they no longer want to continue with a WC claim. Medical was approved but no money.

I never received money from WC and the injury was almost two months ago 4/25/19. I did receive medical care. I went back to work and now live in a different state. A hearing is scheduled but I cannot afford to return for a hearing or hire a Lawyer. What can I do.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 27, 2019

If you are 100% sure you have no residual medical problem from this accident, you can “withdraw” this claim. Be sure you withdraw the claim “wirhout prejudice” which would allow you to re-file it within two (2) years of the date of your accident. You can call the Commission at... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for Virginia on
Q: If I was sexually assaulted & no one sent me to get checked out but 5yrs later I am now having major issues...

Happened in VA while at work with a client. No one made me get checked out. Therapy and psychiatrist bills due to PTSD were never paid by agency. Now I have had to have neck surgery due to an injury that most likely came from that. Can I file a work man's comp claim? I know it was never... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 23, 2019

I regret that I do not handle workman compensation claims or personal injury matters. Sorry.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I'm a govt contractor who's company is in PA. Do I need to call the VA workers comp?

I am a contractor and my company is in PA. I fell at work and they use a private company (AIG) for their workers comp. Do I need to also inform the VA workers comp?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 18, 2019

Virginia would only have jurisdiction of your case if your company regularly has two or more employees working in Virginia and the accident occurred there. Of course, if you are not an employee, then you are not covered by workers compensation insurance unless you insure yourself.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I file a suit for workers comp injury that happened in 2014?

I did receive care from providers my job sent me to which wasn’t the best treatment. Just recently I was in auto acccident and now I have another concussion, the first was from job in 2014. I am told this one is worst because it’s my second concussion and I may not have fully recovered from first.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Feb 8, 2019

You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Is it legal for comp liaison for your company to go into your Dr appointments ? Even if you don't want them too ?

The workers comp liaison for my company almost insists to be at my Dr appointments and in the room with Dr and myself. Is it legal ? Do I have to allow it ?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 24, 2019

I have been practicing Workers Compensation law in Richmond, VA for over 35 years. I can tell you the nurse case manager who wants to be "push" and come into your examinations is a constant problem in Workers' Compensation cases. You can certainly advise the doctor you want a private... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can you loose your Lifetime medical award ?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 9, 2019

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... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Injured on the job and haven't missed any time from work can you still file for wage loss benefits
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 9, 2019

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.... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If my workers' compensation claim doesn't get approved, can I choose then to sue my employer for a personal injury if I

believe them to be negligence?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 8, 2019

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... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: When traditional methods of treatment don't work surgery is proposed what other options do you have if you don't want

Surgery unless it's the very last result any suggestions

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 7, 2019

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.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Received lifetime medical for my injury almost two years ago exactly 18 months. Seeing Ortho surgeon for a year. Tkr

second opinion he wants to do arthroscopic surgery. I don’t want either at this time because both said not sure it’s may not solve my pain can I loose my benefits ?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 7, 2019

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... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: In Va, can you still win a woman's comp case if the tox screen shows that you had alcohol in your bloodstream?

However, you can absolutely prove that the accident you had was caused by another employee and no fault of yours?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 25, 2018

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.

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 10, 2018

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.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

Jan F Hoen
Jan F Hoen answered on Nov 8, 2018

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...
Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?
Jan F Hoen
Jan F Hoen answered on Oct 29, 2018

No. But you can file a claim yourself.

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

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