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Virginia Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Personal Injury for Virginia on
Q: Workers' comp light duty, no tasks available, should I be paid?

I am on workers' compensation and was released by my doctor for light duty work. I work in construction, and my employer had me stop traffic as part of my light duty assignment. However, after one day of work, they told me not to come in for two days because they had no tasks available. I have... View More

Eric A. Shore
Eric A. Shore
answered on Aug 4, 2025

If you’ve been cleared for light duty and your employer doesn’t have any work available, you may still be entitled to workers’ compensation benefits for the days you’re not working. I’ve seen this situation before. Just because you’re cleared for light duty doesn’t mean your employer... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: Injury from fall on store pavement with construction materials; legal options?

I fell on the pavement in front of the store where I work and dislocated my shoulder. The pavement had rocks and construction materials scattered on it. I went to the ER for treatment and have notified HR about the incident. What legal options do I have in this situation?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 11, 2025

You indicate you fell outside your place of work falling over construction materials left by a contractor.

First, if the contractor negligently left these materials causing a risk of injury, you may have a personal injury claim against the contractor for your injuries including lost wages,...
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Impact of worker's comp stipulation on future impairment benefits?

I signed a stipulation regarding my workers' compensation claim three months ago, which stated that it resolves with finality any and all pending claims for benefits. Recently, I've received an impairment rating. What does this stipulation mean for my current situation and any potential... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 7, 2025

Dear Sir or Madam:

If you signed a full and final settlement agreement for your work injury three months ago that was approved by the Virginia Workers Compensation Commission for your work injury, then your claim for that work injury most likely has ended. You can contact the Commission at...
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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Had an accident at work on a Thursday. Wrote a statement. Boss didn't have me go to doctor or make formal claim.

Work thu small amount of discomfort on Friday. Over the weekend it gets worse. Monday go to doc appointment. And turn in my note. Am I at fault here.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

A Virginia attorney could advise best, but your question remains open for three weeks. No, you aren't at fault. You did the right thing by reporting the accident and seeking a medical evaluation. I hope you are okay, but if you are still in pain or discomfort, and believe you will need further... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I have a workers compensation claim from wrist injury , was wondering if I should have a lawyer during this process

I was evaluated today do I wait and see if a settlement is offered and get a lawyer if I don't agree with the settlement. I'm not sure how all this works and if so am I suing the insurance company or the company I work for?

Gary K. Burger Jr
Gary K. Burger Jr
answered on May 15, 2024

It's the employer's workers' compensation insurance, not the company itself. However, in some work injury situations there are also third-party claims when someone else acted in a negligent way that caused you to be injured.

As to your first question, you should be seen by...
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2 Answers | Asked in Workers' Compensation, Personal Injury, Construction Law and Real Estate Law for Virginia on
Q: Can I pursue a claim for injury due to faulty elevator at work?

I am currently on workers' compensation due to an injury I sustained at my previous workplace. The elevator we used for moving materials was inoperable and had been out of use for some time because it needed expensive repairs. Consequently, we had to carry materials to an alternate lifting... View More

Jan F Hoen
Jan F Hoen
answered on Oct 3, 2025

If you have a compensable injury and are eligible for workers' compensation benefits through your employment, your employer most likely has statutory immunity. There are limited exceptions and more facts are needed. It would be advisable to consult an attorney for assistance if you have been... View More

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Q: Homeless veteran seeking legal help for stolen disability payments, housing loss, eviction, and custody issues.

I am a homeless veteran who lost everything I have ever owned, including my HUDVASH housing and custody of my son, due to a series of traumatic events. My V.A. disability payments were stolen, and although I don't have physical proof, my son found my debit card in a neighbor's mailbox. My... View More

James L. Arrasmith
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answered on Sep 27, 2025

What you’ve been through is heartbreaking, and it makes sense that you want to find legal help to address each of these issues. The stolen disability payments, the unsafe housing situations, and the sudden eviction all raise questions about whether your rights were respected. Even without... View More

Q: What type of lawyer do I need for losing HUDVASH housing and custody due to neighbor's violent behavior in Virginia?

I am a homeless veteran who lost my HUDVASH housing and custody of my son due to a neighbor's violent and threatening behavior. This included drugging and sexually assaulting me, stealing my VA debit card, and crashing his SUV into my home the day after returning from the hospital for a leg... View More

James L. Arrasmith
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answered on Sep 23, 2025

You will want an attorney experienced in personal injury and civil litigation to address the harm caused by your neighbor’s violent actions. They can help you pursue compensation for physical injuries, emotional trauma, property damage, and the disruption to your housing. They can also advise you... View More

Q: Addressing property damage and custody loss after neighbor's assault and crash.

I was sexually assaulted by my neighbor, who then stole my debit card with my VA disability payments and threatened my son. After finding the stolen card, my neighbor crashed his SUV into my HUDVASH home, where my son was inside. The ambulance had to enter my home to retrieve him from the SUV. The... View More

James L. Arrasmith
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answered on Sep 11, 2025

You should start by documenting all property damage and the circumstances surrounding your neighbor’s assault and crash. Take photos of the damage, gather any police reports, medical records, and communication with your landlord or HUDVASH housing officials. This documentation will be essential... View More

Q: How can I regain HUDVASH benefits and secure stable housing after losing everything in an accident?

I lost everything I own, including important documents like my birth certificate and military ID, when my HUDVASH home was crashed into by a neighbor whose leg was recently amputated. The landlord covered the hole in the wall with a quilt, leading to continuous theft. I have contacted HUDVASH, but... View More

James L. Arrasmith
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answered on Sep 8, 2025

I’m so sorry you’re dealing with this after everything you’ve already been through. Losing your documents and your home at the same time makes it even harder to get back on your feet, but there are steps you can take. The first step is to replace your essential identification—your birth... View More

1 Answer | Asked in Workers' Compensation, Appeals / Appellate Law and Personal Injury for Virginia on
Q: Video evidence discrepancies in VA worker's comp case.

In my worker's compensation case in Virginia, the video evidence provided by the employer does not match the initial First Injury report, HR report, and supervisor report regarding the time and location of the accident. During the hearing, objections were raised about the accuracy of the... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like your case was not handled with the fairness and attention it deserved. When video evidence contradicts written reports and those concerns are ignored, that raises serious questions about how your case was decided. The fact that the written decision didn’t include appeal... View More

1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Virginia on
Q: Do I have a malpractice case for not receiving an electric test for carpal tunnel before surgery?

I underwent surgery for carpal tunnel in both hands in July and August 2023 after being diagnosed by an orthopedic doctor. During my workers' compensation case, I was informed that I could only be awarded a 3% loss for my injuries because my doctor did not perform an electric test on my hands,... View More

James L. Arrasmith
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answered on May 14, 2025

What you're going through is incredibly frustrating, especially after undergoing two surgeries and still feeling that your situation wasn't handled fully or fairly. In carpal tunnel cases, it's common medical practice to perform an electrical nerve conduction study (often called an... View More

2 Answers | Asked in Appeals / Appellate Law, Workers' Compensation and Personal Injury for Virginia on
Q: Seeking attorney for worker's comp appeal in Virginia, initial case denied wage loss, need help with Opening Brief.

I am seeking an attorney to help me appeal a worker's compensation case in Virginia. The initial case outcome awarded limited medical benefits, but denied wage loss and entitlement for permanent partial disability. There are videos and surveillance footage that contradict the initial injury... View More

Jan F Hoen
Jan F Hoen
answered on Apr 22, 2025

Good luck. You are seeking representation much too late in the process with little to no chance of a fee being awarded.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: I just received an impairment rating. But I signed a stipulation 3 months ago

This Stipulation resolves, with finality, any and all pending claims for benefits.

Jan F Hoen
Jan F Hoen
answered on Mar 6, 2025

It depends what you stipulated to.

Was it a full and final settlement of all claims, past and future, or just a claim pending on the hearing docket?

1 Answer | Asked in Employment Discrimination, Workers' Compensation and Employment Law for Virginia on
Q: Can I sue my job for wrongful termination

I was injured on the job and I was fired because of it.

T. Augustus Claus
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answered on Jul 27, 2023

In Virginia, as in many other states, workers' compensation laws generally protect employees from being fired solely because they filed a workers' compensation claim or were injured on the job. Terminating an employee for exercising their rights under workers' compensation laws may... View More

1 Answer | Asked in Car Accidents, Libel & Slander and Workers' Compensation for Virginia on
Q: Can an car accident defense attorney subpoena previous/future jobs for medical records? Can the employers refuse?

I was struck by an angry Road rager on January 31st 2020. Of course the road ranger lied in court and pretended that we were both at fault. So the judge, confused, dismiss the case. I appealed, have no attorney, and now we are headed to trial soon. Ironically enough, when I finally found another... View More

Tim Akpinar
Tim Akpinar
answered on May 25, 2022

A Virginia attorney is going to need to advise here, but your post remains open for two weeks. Making the call you are describing is often not a simple thing. Although you contend that the incidents are separate, and they well may be, defense attorneys will typically summon medical records on the... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Workers' Compensation for Virginia on
Q: What happens when someone's in the process of getting a divorce by a online divorce site but passes before its processed

My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... View More

Richard Sternberg
Richard Sternberg
answered on Oct 21, 2021

She is the widow, and you are not.

1 Answer | Asked in Workers' Compensation and Health Care Law for Virginia on
Q: My employer's insurance wants my entire medical record to file my back injury claim. Do I actually have to give that?

I am a healthcare worker who was exposed to an aggressive patient who caused a repetitive stress injury to my back over the course of my shift. I filed an incident report before clocking out and went to the doctor immediately, and due to timely intervention was back to baseline within a few days.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2021

I'm sorry about your injury. An experienced workers' comp attorney should answer your question, but it remains open for five weeks. As a GENERAL doctrine of insurance law in virtually any setting, insurance carriers generally have the right to request prior medical/accident records that... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Q: Is my employer (Oregon) supposed to pay out accrued PTO if it is their in the employee handbook? I'm working from VA.

I have given my 2-week notice and will soon be leaving my current job. I have about 40 hours PTO accrued. I am located in Virginia as a remote worker but my employer is in Oregon. Is my employer required to pay out my PTO for my final paycheck? Their employee handbook says that they will pay out... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 30, 2020

Generally, the payment of PTO upon termination will be governed by your employee handbook. If your handbook is up to date and says PTO for individuals who work your job will be paid out upon termination, then you should receive your remaining unpaid PTO upon termination.

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I was injured at work & accepted an insurance settlement. My med bills are more than the settlement, can I do anything?

I was injured at work last year and was originally billed ~$5k, insurance gave me a settlement of ~$15k. I paid the $5k bill online and thought I was done but was then was sent an additional bill for $25k because I do not have health insurance and the $5k bill was only if I had health insurance. My... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2020

A Virginia attorney is best suited to advise here, but you await a response for three weeks. If you were not represented by a WC attorney, you could contact a Virginia workers' comp attorney to see if they would give you a free, or brief, initial consult to examine your WC file and the... View More

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