Jerry Lutkenhaus' answer 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 (2) year statute of limitations. You can call the Commission to check if your accident was ever reported at: 1-877-664-2566.
Jerry Lutkenhaus' answer 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 exam. It is ultimately up to the doctor to decide how much interference he/she will tolerate from the nurse case manager.
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.
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.
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.
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.
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.
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.
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.
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...
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...
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.
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.
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