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... Read more »
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.... Read more »
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...Read more »
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... Read more »
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.
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... Read more »
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...Read more »
I got injured last year at work (bit by a rabid cat) and received a ~$15k settlement from the customers insurance company. The original bill I received from the hospital was for ~$5k, which I paid. I just got another bill for an additional ~$25k because I do not have health insurance and my... Read more »
You have a lifetime medical award for your injury. However, a doctor must say you “need” medical treatment for your injury. You should review the last medical report from the doctor to see if you were released. If you disagree, then you need to see another doctor to see what that doctor says....Read more »
I would think not unless the employer has a program that says sick pay would be used to supplement workers compensation pay which pays only two thirds of your salary. I believe the City of Richmond used to do this in order to make up for the one third that an injured worker loses by going on...Read more »
I never received money from WC and the injury was almost two months ago 4/25/19. I did receive medical care. I went back to work and now live in a different state. A hearing is scheduled but I cannot afford to return for a hearing or hire a Lawyer. What can I do.
If you are 100% sure you have no residual medical problem from this accident, you can “withdraw” this claim. Be sure you withdraw the claim “wirhout prejudice” which would allow you to re-file it within two (2) years of the date of your accident. You can call the Commission at...Read more »
Happened in VA while at work with a client. No one made me get checked out. Therapy and psychiatrist bills due to PTSD were never paid by agency. Now I have had to have neck surgery due to an injury that most likely came from that. Can I file a work man's comp claim? I know it was never... Read more »
Virginia would only have jurisdiction of your case if your company regularly has two or more employees working in Virginia and the accident occurred there. Of course, if you are not an employee, then you are not covered by workers compensation insurance unless you insure yourself.
I did receive care from providers my job sent me to which wasn’t the best treatment. Just recently I was in auto acccident and now I have another concussion, the first was from job in 2014. I am told this one is worst because it’s my second concussion and I may not have fully recovered from first.
You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two...Read more »
I have been practicing Workers Compensation law in Richmond, VA for over 35 years. I can tell you the nurse case manager who wants to be "push" and come into your examinations is a constant problem in Workers' Compensation cases. You can certainly advise the doctor you want a private...Read more »
In a way yes, if the authorized doctor says you no longer need medical care for your injury, then that is the effective end of your medical coverage. You can also lose medical care if you refuse medical care that could correct your medical problem. If losing medical care is an issue, you should...Read more »
If you were injured on the job and have not missed any time from work, then you cannot file for any wage loss benefits because you have "not" suffered any wage loss. You should contact the Virginia Workers Compensation Commission and make sure your a medical award is entered in your case....Read more »
If your employer had workers compensation insurance that covered your accident, then your sole remedy for your injury at work is workers compensation. If your claim is denied, then you can ask for a hearing before the Virginia Workers Compensation Commission. You do not have a right to sue your...Read more »
You can try alternative methods such as physical therapy, aquatic therapy, chiropractors, accupunture, pain management, dry needling, spinal stimulator, etc. If you need more advice you should contact an experienced workers compensation lawyer.
I take it that you have an AWARD for lifetime medical benefits for your injury from the Virginia Workers Compensation Commission. If the proposed surgery is just proposed as an "option" then it may not be something you have to do. You should contact an experienced workers compensation...Read more »
It depends. If the alcohol helped cause your accident, then the insurance company can try to deny your claim asserting your misconduct (drinking alcohol) caused the accident. You need to call an experienced workers compensation lawyer to discuss your case if you have a serious injury.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.