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Virginia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Virginia on
Q: I was at work and stepped off a transfer cart that was about 3 or 4 inches higher then the floor and my foot gave out.

A bone in the foot broke. Nothing hit it, no tripping and worker comp is not covering it.

What is your opinion?

Jan F Hoen
Jan F Hoen
answered on Oct 7, 2017

Since the claim has been denied, you should consult an attorney in person to determine what course to follow.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: How much can I get from a back injury at work through a settlement with works comp?

Benefits stop due to positive drug test a year later on a docs appointment and benefits were cancel..now I have a hearing and they offer if I want it to settle

Jan F Hoen
Jan F Hoen
answered on Oct 7, 2017

It depends on whar the employer is willing to offer, how much in benefits they have exposure for, your TTD rate, severity of the injury, and likelihood of prevailing at the hearing, among other factors. An evaluation would require review of your records and probably conducting some discovery.... View More

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: I was awarded med benefits for my injury that happened at work i have been seeing the same physician that Initially

treated me in the ER I had an outpt surg done that Liberty is refusing to pay stating not an authorized surgery. I thought that if i was awarded med bens no one had to worry about getting auth or approval especially since the treating physician has been working on me since day one. The ER surg was... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 29, 2017

This is the procedure. You have an accident. You report it to your employer. The employer reports it to is WC insurance carrier. Then, the insurance company is supposed to send you a panel of three (3) doctors to pick a doctor from. When you pick that doctor, that doctor becomes the... View More

1 Answer | Asked in Workers' Compensation and Employment Law for Virginia on
Q: If I'm a building contractor that hires an electrician one time, are they considered "regularly employed"?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 22, 2017

You indicate you are a building contractor. You did not indicate how many employees you have. If you have two (2) or more employees regularly in service, then you need to provide workers' compensation coverage. If you sub out the electrical work, then the electrician is an independent... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Does Virginia require an examination by their drs to close a workers comp case.

My daughter suffered a head injury at work and received workers comp from Oct 2016 until July 2017 when the dr released her to work full time again. She just received a letter saying she had to go to Northern VA for appointments with a neurologist and a neuropsycolosgist. She called the case... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 18, 2017

I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I return to work, different/same position, while waiting to see a doctor? Or while waiting to be approved?

I hurt my shoulder last year on the job, massage therapy. I had surgery for it and returned to work. Didn't file. This year I reinjured the same shoulder and started to file the claim. My dr won't see me until the claim is approved because of billing. And my adjuster needs previous... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 18, 2017

If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers'... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: 2nd Degree burns with permanent Scar on forearm working fastfood is this a legit case to sue and what is reasonable

Was told to wait a year to file a case its been a year

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 9, 2017

If you were injured at work, you can file a claim for permanet scarring with the Virginia Workers Compensation Commission if your scar is at maximum medical improvement.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: A 6000 pound forklift ran over my foot while at work and I've been out of work a little shy of 3 months.

My question is do I get paid for the mileage as I am driving to an from the doctor for my foot through workers Comp.

Jan F Hoen
Jan F Hoen
answered on Aug 2, 2017

Yes.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I was recently injured on the job and I was denied workers compensation because my work will not take care of it. Help?

Recently had the surgery and now they won't pay

Jan F Hoen
Jan F Hoen
answered on Jul 31, 2017

Schedule a consultation with a worker's compensation attorney for a free evaluation of your claim.

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
Q: I am being required to have a test done by my employers preferred doctor. I have already sent letters of results from my

Own Physicians. They will not accept them. I have agreed to see their doctor and now they want me to sign a release of information. This is no problem for me except my appointment is in a month and they are pressuring me hard to sign papers now. What am I missing?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Under Virginia Workers Compensation law, you have the right to request a panel of 3 authorized physicians from the employer or its WC insurance company. Then you can pick your treating doctor from the panel. The employer/insurer also has the right to send you to an Independent Medical Exam (IME).... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Q: I work as a bouncer and get paid cash nightly.I was injured and am out of work for minimum of two months. Am I entitled

To receive workmens comp benifits

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Yes, if your employer had more than 2 employees regularly in service in Virginia. You should file a Claim for Benefits with the Virginia Workers Compensation Commission and consult an experienced Virginia work comp attorney.

1 Answer | Asked in Employment Law, Estate Planning, Traffic Tickets and Workers' Compensation for Virginia on
Q: What kinds of things typically come out during pretrial discovery in lawsuits?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: my son had a ground level fall at work and injured his head....he has no memory of why he fell and no witness

the workers comp insurance co has denied his claim based on pre existing conditions due to his post medicals. does he have a chance at medical expense in an appeal?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Check with an experienced Virginia work comp attorney IMMEDIATELY and BEFORE he gives any statements to his employer or to the employer's work comp insurance company!

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I work on a pick up construction crew - is the boss responsible for workers' comp?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

If the employer has more than 2 employees regularly in service in the state of Virginia, then the employer is required to carry Workers Compensation insurance. The injured worker still has the right to file a Claim for Benefits with the VWC Commission within 2 years of the accident. Check with an... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If Va if your a state employee does the Commonwealth have to settle your workers comp claim
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

No. If you're not currently collecting state health benefits, they "MIGHT" be willing to settle your Virginia Workers Compensation claim.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Signed a waiver for medical attention. In pain hurting can i file workers comp & go to dr they cover bill

Fell on concrete floor a band got wrapped around my ankle i went down hard. Worked a few hours couldn't anymore. They just gave me Tylenol didn't take an incident report. I signed a waiver refusing medical attention at the time. Can i get workers comp? Can i go to the hospital & they... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 27, 2017

If you injured yourself at work due to a band having wrapped around your ankle, then that sounds like a compensable injury at work. You did not help yourself by refusing medical attention. You need to get medical attention as soon as possible to document your injury. You should first request this... View More

2 Answers | Asked in Workers' Compensation for Virginia on
Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications

The insurance company says they cannot pay for anything until a final decision is made on his claim. I've been paying out of pocket for all of his medications. I even took him else where to get medical care. Cause the insurance company wouldn't approve anything on the claim until final... View More

Jan F Hoen
Jan F Hoen
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...
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I was injured at work. No treatment. Have compensational injuries. Company wants me to resign in order to recieve money

Do i have to resign because there are other jobs i can perform?

Jan F Hoen
Jan F Hoen
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...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: reopened workers comp case for condition getting worse, am i entitled to another settlement
Jerry Lutkenhaus
Jerry Lutkenhaus
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... View More

2 Answers | Asked in Workers' Compensation for Virginia on
Q: My husband fell about 12 feet off a ladder in December. He fell on his head and shoulder. He went to the dr

Were his company told him to go. The dr xrayed his shoulder and said it was bruised. He went back to work the next day. His shoulder never got better. He went to our local ortho dr in March and he took one look at him and said he has a torn rotator cuff. He went back to work and they said he... View More

Jan F Hoen
Jan F Hoen
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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