Virginia Workers' Compensation Questions & Answers

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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Q: I need serious help to get a case overturned.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 6, 2018
Jerry Lutkenhaus' answer
If you have already had a hearing it may be too late for another attorney to do anything but you can certainly contact me or another experienced Virginia Workers Compensation lawyer for a consultation.

Q: I was injured at work. I was told they are taking my personal time off to “ pay “ me for the time I,m missing. correct?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 5, 2018
Jerry Lutkenhaus' answer
If you are out less than 7 days, workers Compensation does not cover you. Once you exceed 7 days Workers Compensation does cover you. That may be why you were asked to take your personal time. Now that you are going to be out more than 21 days Workers Compensation should pay you from the date of the accident and reimburse you for the personal time you had to use.

Q: Years ago, injured at work, had surgery, recovered and returned to work.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 17, 2018
Jerry Lutkenhaus' answer
If you have an award from the Virginia Workers Compensation Commission for lifetime medical coverage, you can obtain a copy of that award by contacting the Commission at 1-877-664-2566. They can look it up for you.

Q: PT told my wife her severe vertigo is related to multiple concussions she received from students at school, which were

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on
Answered on May 16, 2018
Jerry Lutkenhaus' answer
If she has a disability due to a work-related injury, she first needs to have notified her employer of the accident giving rise to this disability within thirty (30) days of the accident. Then, she needs to have filed a claim with the Virginia Workers' Compensation Commission for the accident within two (2) years of the date of the accident. You indicated these were multiple incidents over a period of time. Also, a physical therapist is not a doctor. Usually, a concussion is treated by a...

Q: Is there a maximum number of workers' compensation claims a person can file in a given amount of time?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 3, 2018
Jerry Lutkenhaus' answer
I know of no limit. However, why would you want to file more than one per Injury?

Q: I was awarded benefits for a work injury in VA now the ins comp wants to settle but they say I have to resign; true?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on May 3, 2018
Jerry Lutkenhaus' answer
The value of your claim is determined by “future” lost wages and “future” medical expenses. You say you are “healed” and I assume you are back at work. This may mean you have no “future” lost wages and no “future” medical expenses. If so, the insurer has no exposure to further expenses. There is one other possibility. Your leg can be rated for permanent loss and you can be paid for this. For example, the doctor could say you have lost 10% of your leg due to this injury. Your...

Q: Doctor released my husband to go back to work in October, stopped payments, He couldn't work, in April another doctor

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 13, 2018
Jan F Hoen's answer
If he is back on "no work" status again, he is eligible for reinstatement of his temporary total disability payments.

If they are not voluntarily reinstated, he will need to file a Claim for Benefits form with the Virginia Workers Compensation Commission based on the change in condition. Supporting medical records (including the work status report from the new doctor) should accompany the claim form.

He should already be under an award for lifetime medical benefits, so if an...

Q: If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?

1 Answer | Asked in Employment Discrimination, Employment Law, Workers' Compensation and Civil Rights for Virginia on
Answered on Mar 28, 2018
Timothy R Johnson's answer
An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the employer can fire you without any repercussion.

Q: I broke my left leg at work. Workers Comp claim was denied by insurer citing no risk to employment. Is that correct?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 20, 2018
Jan F Hoen's answer
You did not provide any information about how your injury happened which is necessary in order to answer.

Q: I'm developing back and neck problems from sitting at a computer all day.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 16, 2018
Jan F Hoen's answer
Highly doubtful.

Neck and back problems are very common and may arise for numerous reasons.

In order to be compensable, you would need medical evidence of a specific injury by accident arising out of and in the course of your employment. A sudden mechanical/physical change with a reasonably sudden onset of symptoms is required.

Q: Was unable to continue treatment employer wasn't paying bills

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Feb 22, 2018
Jan F Hoen's answer
What is your question?

Q: Hurt back at work in July 2017, workers comp. paid benefits until Oct 2017, doctor released to full duty, he can't work

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Feb 17, 2018
Jan F Hoen's answer
Quitting would terminate any claim for wage benefits beyond the day he quits. He should definitely not quit.

If he already has an attorney, speak with him about his options. If not, it is time for him to retain one and get seen by a different doctor. He should also be marketing (looking for some kind of other employment) if there is no work excuse from a physician in place.

Q: I was awarded 500 wks. Through WC. Seven years later, an Employers App. was filled. Can they make me go through an IME?

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Virginia on
Answered on Feb 14, 2018
Jan F Hoen's answer
If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to that attorney, who knows all the details of your case.

Q: I was at work driving a tow truck and I hydroplane in the rain and flip my truck broke my neck and am c6&c7 paralyzed

1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Answered on Feb 2, 2018
Peter Munsing's answer
Not now as you may have a "crashworthiness " case against the manufacturer of the truck. Feel free to call me if you have questions.

Going on social media has a lot of risks. Short answer: not right now. Suggest you contact a member of the Va.Trial Lawyers Assn who handles comp. Easter Seals rehab may have a social worker who can help you as well.

Q: February 2016 I was hurt at work, my injury was herniated disc (L4,L5) I have had two lumber surgeries.

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jan 31, 2018
Jan F Hoen's answer
There is much more information required to answer this question. For example: your average weekly wage; the new job's pay and any temporary partial benefits due; your impairment rating (if any, since you do not mention whether there is any residual leg disability); the future cost of pain management and whether the panel physician will confirm that it is necessary and related to the work injury; your prior medical history; etc.

If you do not already have counsel, it would be advisable...

Q: It has two years since an accident that is covered by WC. Recent complications indicate that Adrenal failure is present.

1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Answered on Jan 25, 2018
Peter Munsing's answer
If you mean can you sue the WC carrier for bad faith? Unlikely as they are merely using the legal process and your legislature decided to tip the scales in favor of the carrier. However if the wreck was not your fault this would be part of your injury claim. I assume you have an attorney for these claims. If not consult a member of the Va. Trial Lawyers Assn--they give free cosultations.

Q: Is it legal for my employer to cut my position, wages and hours while I'm under workers comp?

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Answered on Jan 10, 2018
Salim U. Shaikh's answer
Appeared that your employer is ready to take a unilateral decision. Keep follow up formally with your requests that will either make it or break it. In that case they are forcing you to qualify for unemployment benefits which you avoided.

Meantime, consult with Attorney of your local jurisdiction for specific advice.

Q: What is the proper way to terminate my present lawyer representing my WC case in Virginia?

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Jan 7, 2018
Mr. Beau Correll's answer
It's generally advisable to do so in a respectful and direct writing. Be advised, that you need to review your fee agreement with the attorney in advane as you may be on the hook for substantial legal fees and there may be a lien on any potential future recovery.

Q: If I'm required to hire an expert to ensure I secure workers' comp benefits, does my employer have to pay for their fees

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jan 3, 2018
Jerry Lutkenhaus' answer
Unfortunately, the answer is no you cannot recover the costs of obtaining an expert to win your case. Of course, the employer and its insurer cannot recover the costs of their experts from you.

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