Virginia Workers' Compensation Questions & Answers

Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jul 20, 2017

Your date is incomplete. Hopefully it is 2017.

If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.

Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.

If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation....
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Q: I was injured at work. No treatment. Have compensational injuries. Company wants me to resign in order to recieve money

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jul 11, 2017

It is not unusual for an employer to require resignation when they offer to settle and close out an open claim. You do not have to settle if you wish to keep an award for medical benefits. However, you have indicated that you have not had medical treatment yet.

It would be advisable to consult a worker's compensation attorney in your area before making your decision.
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Q: reopened workers comp case for condition getting worse, am i entitled to another settlement

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

It depends. If you previously had a full and final settlement for this particular accident, you cannot then get a second settlement. You need to review your prior settlement to see if it was a full and final settlement. You can also ask the lawyer who obtained this settlement for you. If your condition is now worse, then that is the precise reason why one should be cautious in entering a settlement.
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Q: My husband fell about 12 feet off a ladder in December. He fell on his head and shoulder. He went to the dr

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 19, 2017

If this happened in D.C., consult with a D.C. attorney.

If in VA, he should be under an award and will need to file a Claim for Benefits if he is not.

An attorney can assist him with that process.
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Q: Can the Ins Co tell the employer to stop the weekly paychecks without notifying you or your Workman's Comp atty?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 8, 2017

Schedule an appointment with your attorney to discuss this. The employer can be penalized for late payments.
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Q: I am planning on working for a new company at the end of my claim. Will giving my 2 weeks while I'm still involved?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 8, 2017

It is unclear what you mean by "end of my claim."

If you are under medical restrictions and receiving wage benefits, you lose the wage benefits when you resign.

Be sure you are under an Award Order to preserve your lifetime medical award.
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Q: Filed a workers comp from coworker negligence

2 Answers | Asked in Car Accidents and Workers' Compensation for Virginia on
Answered on Jun 7, 2017

You are entitled to medical treatment; not pain and suffering. The scar could possibly qualify for a minor award if it is permanent and significant. It is also possible that the employer's insurance carrier may offer a settlement to close out the claim and terminate any future benefits.
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Q: Workers comp is doimg nothing on my case. I have been diagnosed with no treatment now for over 3 weeks. What can I do?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 30, 2017

If your injury was rreported and accepted as compensable, you should have an adjuster or nurse case manager to coordinate your treatment. This person tupically works with the doctor's staff to schedule treatment. Speak to them and to the doctor to find out what is happening. If the employer is denying treatment, you can file a claim for benefits with the Commission.
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Q: I I have a permanent partial disability he and workers comp payments or by weekly and it's been going on since 2002.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 23, 2017

You indicate you have been on workers compensation since 2002. In Virginia the usual limit for workers compensation payments is 500 weeks or about 10 years. However, you indicate you have been receiving workers compensation for about 15 years. You would need to provide more details. Is this a Virginia workers compensation claim?
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Q: How long after injury can i file for workers comp?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

You should immediately file a claim with the Virginia Workers Compensation Commission with your unpaid bills. This often gets bills paid. The number to call is 1-877-664-2566. If you have a serious injury, then you may want to contact a Virginia Workers Compensation lawyer.
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Q: While I'm waiting on my settlement will i still get my weekly payments from worker's comp

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

If you are under an AWARD that awards you weekly WC payments and unless there is an agreement to the contrary or unless your payments have been suspended, you would receive weekly payments up to the date the settlement is approved by the Commission (but these are questions you should ask your lawyer). This only pertains to Virginia Workers Compensation Law.
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Q: Are independent contractors eligible for workers' comp?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

If you are a true independent contractor, then you should have purchased workers compensation insurance to cover your work. If it is possible you are an "employee" and maybe covered by your employer's insurance then you should contact a workers compensation lawyer to review your situation. I base this opinion on 35 years representing injured and disabled workers in the Commonwealth of Virginia.
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Q: Virginia comisión aprove my settlement how long now I need to wait to get my check in mail

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

You will receive your check once the order is entered and the employer's insurance carrier processes the check. Normally within a couple weeks. After 30 days, they are subject to a penalty.
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Q: I have been working in my building for years. I now have asthma. Can I recover for this?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 21, 2017

It can be difficult to obtain workers compensation for an occupational disease in Virginia. Your doctor has to say your asthma is due to your work exposure and the doctor has to exclude other causes of the problem. Also, the asthma cannot be a pre-existing condition. You have two (2) years from the date of diagnosis to file a claim with the Virginia Workers Compensation Commission. You would be well-served to contact a lawyer.
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Q: My Dr. Says no duty, The IME says lighty duty, im worried ill lose my job for not being able to stay all day.

2 Answers | Asked in Workers' Compensation and Employment Law for Virginia on
Answered on Apr 18, 2017

This is a case where you need an attorney. Virginia has the treating physician rule. Normally, the treating doctor dictates work status. In your case the Defense Medical Examiner (DME) has said you can do light duty work. The insurer can decide to go with the DME. However, if your doctor is the treating doctor, then his or her opinion should govern. Again, that is why you need an attorney.
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Q: If I am on Light Duty from a job related injury and I have a follow up visit with the Doctor is that time covered

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Apr 18, 2017

Workers Compensation does not cover an injured employee for lost time until that lost time exceeds seven (7) days. If it has in your case, then the lost time in going to the doctor should be covered.
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Q: Can I work a different job part time while I'm on workers' comp?

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

No you cannot. If you do your compensation will be terminated or reduced based on the income from the part-time job.
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Q: Insurance not responding to 20 day order to respond by Comission. 10 day order given and still no responce. Why ?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 12, 2017

The insurance company often does not respond to the Virginia Workers Compensation Commission. I guess the biggest penalty they face is having the case referred to the hearing docket which means they do have to go through the expense of retaining an attorney.

Q: Workers comp, can my company fire me? Sending an insurance agent assess me? Never received termination letter

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 12, 2017

You need to sit down and discuss this with your lawyer. Unless your problem involves an injury, this would be a workers' compensation question but rather an employment law question. You may want to ask it again in the employment area. You need not provide enough information for any other kind of answer. Most importantly, why is your company terminating you?
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Q: How much is my case worth?

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Mar 22, 2017

In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers' compensation claim is a lien on the personal injury claim. This means one cannot settle the personal injury claim without resolving the workers' compensation lien. Usually, this means paying back the workers compensation...
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