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... View More 
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... View More
gave him an off work excuse. This new doctor is an independent doctor and he looked at the MRI that was taken when my husband first got hurt on the job in July of last year. He said it clearly showed something is wrong with the nerves in his back and that he could not return to work to do his... View More
answered on Apr 13, 2018
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... View More
A person allegedly said I said some words to him after work he didn't say we got in a fight or I threaten him they fired me because he say she say my word and his word that's it and I think they were wrong
answered on Mar 28, 2018
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... View More
While performing my work duties on site I was going up a flight of stairs and my left toe caught on the lip of the last stair. I tripped and fell awkwardly landing on my left leg and broke the left fibula.
answered on Mar 20, 2018
You did not provide any information about how your injury happened which is necessary in order to answer.
Can I file for workers' compensation to pay for my massage therapy?
answered on Mar 16, 2018
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... View More
Didn't receive compensation because Dr didn't specifically state I could not work but didn't ask for an excuse because employer fired me the following day
He was released back to full duty on Oct 21, he tried and could not work, He is 56 and is a coal miner, they would not take him back on light duty. We consulted an attorney in Nov, benefits are still not being paid, he has asked to see another doctor and still waiting to get approval. He has had no... View More
answered on Feb 17, 2018
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... View More
I’ve had multiple surgeries, been through Vocational Rehab to no avail, I’ve been through 3 IME’s, I’ve seen one of their pocket Dr.s, another whom has been employed by the Defendant, and had a medical records evaluation done by that Dr. that’s never seen me and because the Dr.s are their... View More
answered on Feb 14, 2018
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... View More
In a wheelchair and am getting wc and the adjuster is being unreal on thinks like meds treatments in my need of a home aid and just unreasonable on stuff that they should take care of !! Would it be a bad I deal to tell my issues and problems to people on social media and tv radio station??
answered on Feb 2, 2018
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.... View More
I have completed a lot of physical therapy. I am now doing pain management, which I may have to do for the remainder of my life. I have completed an FCE, and it said that I could not return to my pre-injury position. And was placed in vocational services. I have however found another job within my... View More
answered on Jan 31, 2018
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... View More
As with most every request by MD It is a fight to get approval. The care has been very disjointed and it is apparent the MD are frustrated with the process. Can this be considered negligent and what if it turns into an Adrenal crisis which is life threatening
answered on Jan 25, 2018
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... View More
Representation far less than satisfactory and leaving firm.
answered on Jan 7, 2018
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.
if I win my appeal?
answered on Jan 3, 2018
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.
answered on Dec 4, 2017
Not necessarily. The insurer can always continue to pay you weekly benefits. If you have been released to Light Duty Work, then the insurer can attempt to job place you. Finally, the insurer can always send you out for a new medical opinion. You need to contact an experienced workers compensation... View More
crime (fraud). Does this mean I'm not longer eligible for workers' comp benefits?
answered on Nov 15, 2017
While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.
answered on Nov 14, 2017
If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just... View More
They are trying to get out of operation Dr has asked for since injury. How can they ask for new hearing when they didn't appeal decision? This is in Blacksburg, Va.
answered on Oct 25, 2017
If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.
My shoulder was injured at work due to repetition work in 2006 or 2007. I was under the care of work a comp while being on restriction at work. The doctors of the company only stated I strained/sprained my shoulder. However I have had to continue to be seen for the Same issues to my shoulder over... View More
answered on Oct 25, 2017
If you filed a claim at the time of injury and are under an award for lifetime medical benefits, contact your case manager. If you are not under an award, the statute of limitations will most likely bar a claim.
No job and now they want to settle what should i do pain and swelling for the rest of my life have to wear a ankle brace
answered on Oct 17, 2017
You need to contact an experienced workers' compensation lawyer. As I see the big issue in your case is whether or not you will be able to obtain a new job that equals or exceeds your pre-injury job. Your chances of doing that will probably determine the value of the remainder of your claim.... View More
July 2017 suffered TBI from door to head at work, now I have constant headaches and convergence problems with my right eye, seeing same therapist for 12 visits making progress but now insurance company wants me to change therapist without treating physician being ok with it, can they do that,... View More
answered on Oct 17, 2017
The medical care is supposed to be directed by your treating physician and not by the insurance company. You should consult an experienced workers compensation lawyer about this problem with the insurance company.
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