The employer and Ins Co signed this agreement , which they wrote , Employer was to pay weekly check ,we asked two different attys if he should sign and was told go ahead . now last week pay ck was returned to our bank so our bank charged our checking acct , amt of ck and ret ck fee . Today... View More 
answered on Jun 8, 2017
Schedule an appointment with your attorney to discuss this. The employer can be penalized for late payments.
Will I lose my rights?
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.
Was hurt on may 31 2017 by coworkers negligence. Left work half day for first day but been on light duty with one arm. Going to have a scar on my elbow. Could I qualify for pain and suffering or some sort of settlemen. Dr released me to full duty but still have slight pain in arm. He said come... View More
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.
I was injured on March 15 2017, did not get in to see a Dr until March 27, was them told I needed am MRI which took another 3 weeks to get done. I have had 1 follow up appointment and 1 hour of PT. My last appointment was may 10th when they diagnosed me. I have yet to receive any treatment or hear... View More
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... View More
If there are no jobs available where I live, and I still receive by Workmen's Comp.'s payments, can I do light duty work from my home?
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... View More
I was injured and did not originally file for workers comp as I was told I would be reimbursed for expenses and now it has been over a month since injuries and several hundred dollars out of pocket with no reimbursement to this point. Is it to late for me to seek counsel?
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.
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... View More
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... View More
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.
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... View More
Should i contact a lawyer and seek counsel?
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... View More
I am on light duty and i have a follow up visit with the doctor, but I am being told i will not be covered for this time and will need to use personal time to cover this.
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.
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.
Workers Comp. Insurance has been paying weekly wages but not 1 medical bill has been payed. Comission now informed me that case will be put on docket for hearing. Why would insurance not respond to an order from Comission? Is this comon? What are the benefits or disadvantages for doing this? Why... View More
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.
Went to court, judge ordered a mediation and if they couldn't come up with a settlement, the judge would settle the case? Why are they trying to put me into another job? They state they don't want me back on their property but no official termination letter and I think my lawyer is against me?
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... View More
My work truck was rear ended by tractor trailer while on the job. I sustained neck strain, back injections due to lower back strain, shoulder contusion, head laceration closed with 8 staples, concussion with loss of consciousness and ,8 months of physical therapy.
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'... View More
answered on Mar 16, 2017
In Virginia if you have already lost seven (7) days due to your injury, then you should be compensated for additional lost time such as lost time due to a doctor's appointment.
answered on Mar 15, 2017
If you were hurt and if you have recovered from the injury 100%, then it is like the injury never happened and there will be no settlement. However, if you have any work restrictions due to your injury or if you have any need for future medical care, then there is the possibility of settlement.... View More
answered on Mar 15, 2017
Yes, I have had many clients who have had more than one claim. For each injury or accident you have, you can have a Virginia Workers Compensation claim. However, you cannot be paid twice for being out of work. You can have separate medical awards for each injury. If you need more information, you... View More
answered on Mar 15, 2017
It depends on the value of your open award for benefits. You are entitled to lifetime medical benefits for related medical treatment, regardless of whether the injury is permanent or not.
If your injury is serious enough that you are likely to require substantial future medical expenses... View More
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