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Virginia Workers' Compensation Questions & Answers
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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Q: I want to go back to work after this workers comp injury is healed. I hired an attorney. Was I wrong for doing that?
Daniel P Leavitt
Daniel P Leavitt
answered on Oct 26, 2018

Your attorney should be able to guide you through this process and advise you. Good luck.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Can workers comp deny my claim of a broken bone when it was not broke before?

I sprained my ankle a week ago but it had healed. When I slipped and fell I was sent to the er from work and they said it was broke. Talked to my employer today and she stated that workers comp might deny the case due to the previous injury.

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

They can deny and you would need to file a claim for benefits.

I notice that your address is in MD.

If the injury occurred in Virginia, my website has a work injury guide that will assist you.

https://hamptonworkerscomp.com/

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do we need workers' comp for a cleaning lady we hire to come in twice a month?
Jan F Hoen
Jan F Hoen
answered on Sep 26, 2018

She is most likely an independent contractor.

Unless she is on your payroll as a part-time employee, she does not need to be listed on your policy.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Hurt at work and had to have a knee replacement. insurance company said all i am entitled to is lifetime medical.
Jan F Hoen
Jan F Hoen
answered on Sep 24, 2018

If you were medically unable to work under a doctor's orders for more than a week, you should have a claim for wage benefits also.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 4, 2018

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... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?
Jan F Hoen
Jan F Hoen
answered on Aug 29, 2018

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.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?
Jan F Hoen
Jan F Hoen
answered on Aug 13, 2018

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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1 Answer | Asked in Workers' Compensation for Virginia on
Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 3, 2018

In Virginia, losing vision due to constantly sitting in front of a computer would not be accepted as either a work place injury or an occupational disease.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 3, 2018

In Virginia sitting at a desk all day would not count as a work place injury.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I need to know about workers comp in va

I past out due to my bloodpressure but never had any problems with high bloodpressure I hurt my back right hand my knees bruise busted lip can I get va comp I was hospitalized for two days still out of work til august 7th

Jan F Hoen
Jan F Hoen
answered on Aug 1, 2018

It is unlikely that the event you describe would qualify as an injury by accident as defined by the Virginia Workers Compensation Act.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney

We first consulted an attorney in October 2017. At that time my husband was released to go back to work and his wage benefits were stopped. He was not able to work, it took us until April of this year to get him in to see a different doctor which worker's comp finally approved for him to do... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 3, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I need serious help to get a case overturned.

I truly think that the company pay my attorney off not to fully represent me. There are a lot of things I need to discuss. I can't speak out over this phone

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 6, 2018

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.

1 Answer | Asked in Workers' Compensation for Virginia on
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?

I went to my follow up and now have to have a ct scan done on my knee. It looks like I will be out of work for 4 weeks.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 5, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Years ago, injured at work, had surgery, recovered and returned to work.

Received a Lifetime Medical Benefit Order. Cannot find the letter. What do I do to obtain a copy?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 17, 2018

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.

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on
Q: PT told my wife her severe vertigo is related to multiple concussions she received from students at school, which were

claimed along with other hip, arm, leg, etc injuries (multiple incidents). She's a special education teacher in a public school system. She was already on sick leave about two weeks for an unrelated illness (not WC) when the vertigo sent us to the ER, about six weeks ago. During a recent... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 16, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Is there a maximum number of workers' compensation claims a person can file in a given amount of time?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 3, 2018

I know of no limit. However, why would you want to file more than one per Injury?

2 Answers | Asked in Workers' Compensation for Virginia on
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?

I injured my ankle and calf at work and was awarded benefits. After over a year of pain and being told that I had to stay off my leg completely unless it was going to the doctor or to the bathroom I am finally healed. Top it off with delays by the insurance company, missed pay that I had to fight... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 3, 2018

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... Read more »

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