Virginia Workers Compensation Legal Questions

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69 legal questions have been posted about workers compensation by real users in Virginia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Virginia Workers Compensation Questions & Legal Answers
Do you have any Virginia Workers Compensation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 69 previously answered Virginia Workers Compensation questions.

Recent Legal Answers

If surgery is done do I qualify to receive any disability benefits since it's been 2 1/2 years and you have two years to qualify?

Answered 6 years and a month ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
You injured your leg 2 and 1/2 years ago. You now need a total knee replacement. Normally, a claim for any disability must be filed and the disability must have occurred within 2 years of the date of the accident. You may need to contact me at the office to review this further.  Call me at 804-358–4766 for a free consultation.   Jerry Lutkenhaus... Read More
You injured your leg 2 and 1/2 years ago. You now need a total knee replacement. Normally, a claim for any disability must be filed and the... Read More

Not sure if i need a Lawyer

Answered 6 years and 7 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
I have practiced Virginia Workers Cmopensation law for over 35 years. I understand you have a torn bicep. I understand you returned back to your old job. If your arm has suffered a permanent loss, then you may be able to get a permanent disability rating and be paid for this. You can contact me for more information. You should also make sure your injury is covered by an AWARD from the Virginia Workers Compensation Commission. ... Read More
I have practiced Virginia Workers Cmopensation law for over 35 years. I understand you have a torn bicep. I understand you returned back to your old... Read More
You may have a claim for workers compensation. However, the workers compensation insurance company will have a lien against your settlement check. You may want to consult a workers compensation lawyer to figure out your situation. 
You may have a claim for workers compensation. However, the workers compensation insurance company will have a lien against your settlement check.... Read More

I was burn on the job by hot antifreeze on the 15 of last month, and went to hospital that day and was release. And my flesh was still fresh

Answered 7 years and 8 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
Your accident should have been filed with the Virignia Workers Compensation Commission. If it was reported to the workers compensation insurance company and the company accepted your claim, the insurance company should be providing you coverage for your medical bills. You also may need to file a claim with the Virginia Workers Compensation Commission 1-877-664-2566.... Read More
Your accident should have been filed with the Virignia Workers Compensation Commission. If it was reported to the workers compensation insurance... Read More
The law requires notice of your injury within 30 days of the date of the acciden. You missed this deadline. You also need medical proof that an accident caused your injury. You need to talk to an experienced WC lawyer.
The law requires notice of your injury within 30 days of the date of the acciden. You missed this deadline. You also need medical proof that an... Read More

Been off from work seen January. Hurr my back n some nerves. Waiting to see a pain management doctor. Should i hire a lawyer

Answered 7 years and 10 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
I have been practicing Virginia Workers Compensation Law for 35 years. I think it is always advisable to at least consult an experienced WC lawyer.
I have been practicing Virginia Workers Compensation Law for 35 years. I think it is always advisable to at least consult an experienced WC lawyer.

Does my attorney get a percentage of the medical set aside

Answered 7 years and 10 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
No attorney‘s fee can be deducted from the Medicare Setaside Account (MSA). This has been the position of the Virginia Workers Compensation Commission.
No attorney‘s fee can be deducted from the Medicare Setaside Account (MSA). This has been the position of the Virginia Workers Compensation... Read More

Was hurt on a job 2007

Answered 7 years and 11 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
I have had 35 years handling serious back injury cases. Please call me so I can review your case. 
I have had 35 years handling serious back injury cases. Please call me so I can review your case. 

Do you do USPS workers comp case lawsuits

Answered 7 years and 11 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
We have handled a number of cases against USPS for workers compensation benefits. 
We have handled a number of cases against USPS for workers compensation benefits. 

Looking for attorney Gary lumsden

Answered 7 years and 11 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
I don't know this attorney but you can contact the Virginia Workers Compensation Commission for any records on your case. That number is 1-877-664-2566. 
I don't know this attorney but you can contact the Virginia Workers Compensation Commission for any records on your case. That number is... Read More

If Iโ€™m on the property when an accident occur ,can I still file fir workers comp

Answered 8 years and a month ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
If you are on company property when the accident occurs, you probably can file a workers' compenation claim. However, you do have to show a risk of the employment caused your injury. You may have to show why you did not see the sidewalk water drain which caused your injury. You may have to contact an experienced workers compensation lawyer if the company denies your claim. ... Read More
If you are on company property when the accident occurs, you probably can file a workers' compenation claim. However, you do have to show a risk of... Read More

Can I still sue the company to get more medical help ?

Answered 8 years and 2 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
If you had a workers Compensation Injury, then you may have a medical award for this injury. Since your Injury was In February 2016, you only have two years to get this award. If you don’t know if you have an award contact the Virginia Workers Compensation Commission at 1-877-664-2566. If you have an award, then you should file a claim under that award for the medical care you require. If you do not have an award then you need to file a claim to get an award and for the medical care you require. You do need to attach a medical note from a doctor stating the medical care you require for this accident. The Commission will then send a notice to your employer’s Insurance carrier asking if they will provide the requested medical care. It would be wise to consult with an “experienced” workers compensation lawyer about your claim. I have been doing this for over 35 years.... Read More
If you had a workers Compensation Injury, then you may have a medical award for this injury. Since your Injury was In February 2016, you only have... Read More

I have recieved a award form and termanation of wages loss award. Do i sign?

Answered 8 years and 3 months ago by Dena Rachel Young (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
Dont sign anything until you speak to a local workers comp attorney!
Dont sign anything until you speak to a local workers comp attorney!

How do I get unpaid medical bills from a workers comp incident that happened in 2104?

Answered 8 years and 6 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
If you have a 2014 injury and did not file a claim for this injury with the Virginia Workers Compensation Commission the two (2) year time limit may have expired. You need to call the Commission to find out the statuf of your claim: 1-877-664-2566. If you have an award for this injury at the Commission, then file a claim to get this bill paid with the Commission. ... Read More
If you have a 2014 injury and did not file a claim for this injury with the Virginia Workers Compensation Commission the two (2) year time limit may... Read More

My work is denying my claim because they said no one seen my back injury happen. Now I was sent home last Saturday and MRI shows a torn disc

Answered 8 years and 6 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
You need to contact an  experienced workers compensation lawyer. In order to have a claim, you need to have had an "accident at work" that caused the back injury ono the 18th. It does not help that no one saw your back injury. If you promptly reported it, then that is a good think. Hopefully, in your report, you specified a specific incident that caused your back injury. You can contact me for further advice about this matter. ... Read More
You need to contact an  experienced workers compensation lawyer. In order to have a claim, you need to have had an "accident at work" that... Read More

What happens when an unemployment appeal suddenly get Dr. note saying not to work until next appointment?

Answered 8 years and 9 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
Ask the doctor to release you to a clerical or sit down job. 
Ask the doctor to release you to a clerical or sit down job. 

I was attacked by I have been waiting 4 Mo for a specialist after a neck and spine injury. How can workers comp law help?

Answered 8 years and 10 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
If you have an injury that occurred on the job, then workers compensation may cover this. This is so if the attack occurred due to your work. Workers compensation can provide medical coverae and compensation for our neck and spine injuries. I have practiced Virginia Workers Comp law for over 35 years. I would need more details about your case to decide if I can help you in this matter. ... Read More
If you have an injury that occurred on the job, then workers compensation may cover this. This is so if the attack occurred due to your work. Workers... Read More

Do I have a claim for compensation

Answered 8 years and 10 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
The statue of limitations may have expired on your August 2011 claim. However, if your April 17, 2017 accident re-injured everything then you certainly would have a claim for compensation and medical care under this new accident. You can contact me for assistance. I have been practicing Virginia workers compensation law for over 35 years. ... Read More
The statue of limitations may have expired on your August 2011 claim. However, if your April 17, 2017 accident re-injured everything then you... Read More

I was hurt at work back in Nov. 2016. Torn rotater cup with tendon and muscle tears. Taking PT every week. Do I need a lawyer?

Answered 8 years and 11 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
I am sorry to hear about your injury. Hopefully, this is not a career ending injury. Since you do heavy lifting, it may be a career ending injury. If the injury is that serious (and it sounds like it could be), then your career as a Scanning Manager may be in jeopardy. Then, I would strongly advise obtaining an opinion from an experienced workers' compensation lawyer about your future. However, you cannot  sue your employer for pain and suffering. When the workers' compensation Act was created 100 years ago, the tradeoff was employers agreed to buy workers'' compensation insurance and in return they got immunity from lawsuits by their employees.  But again, you do need to contact an experienced workers' compensation lawyer about your future. ... Read More
I am sorry to hear about your injury. Hopefully, this is not a career ending injury. Since you do heavy lifting, it may be a career ending injury. If... Read More

can a family member accompany another family member in a workers comp case

Answered 8 years and 11 months ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
If you are talking about attending a medical appointment, it would depend on the doctor. If you are talking about a workers compensation hearing, then yes a family member can go to the hearing. If you are talking about talking to the insurance company, then you can certainly request permission to do this. ... Read More
If you are talking about attending a medical appointment, it would depend on the doctor. If you are talking about a workers compensation hearing,... Read More

If I leave my job will I lose medical benefits for an on the job injury?

Answered 8 years and 11 months ago by Audrey Dawn Hayes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
Medical treatment for your injuries does not stop if you leave the job where you had the injury. 
Medical treatment for your injuries does not stop if you leave the job where you had the injury. 

can I file worker mans comp for my husband

Answered 9 years ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
The State of Virginia does not recognize a workers compensation claim based on your facts. Job stress is not recognized as either an accident or as a compensable disease in the State of Virginia. He may have other remedies such as under the Family Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA); however, he has no remedy under the Virginia Workers Compensation Act. ... Read More
The State of Virginia does not recognize a workers compensation claim based on your facts. Job stress is not recognized as either an accident or as a... Read More

Been on workers compensation for 3yrs. Now unemployed and they are trying to make me settle what should I do

Answered 9 years ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
I would need more information. In Virginia if you have a compensable accident, you should have lifetime medical coverage for your injury and you have the possibility of 500 weeks of compensation. However, compensation can end if you return to work or are released with no work restrictions. If due to your injury, you cannot work then you should be very careful about settling your case. Once a case is settled medical coverage is cut off. The insurance company no longer has any obligation to make payments. You need to have this reviewed by an experienced Virginia Workers Compensation Lawyer. I have been representing claimants on these type of cases for over 35 years. ... Read More
I would need more information. In Virginia if you have a compensable accident, you should have lifetime medical coverage for your injury and you have... Read More
If your accident was in 2011 and you have not received compensation since that time but only medical care, then you only have a claim for lifetime medical care. It is possible that the WC insurer will want to settle your claim for lifetime medical care. 
If your accident was in 2011 and you have not received compensation since that time but only medical care, then you only have a claim for lifetime... Read More

Would my husband have a claim for workman comp

Answered 9 years ago by Gerald Gregory Lutkenhaus (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
In Virginia, a mental stress claim is only recognized as compensable under Workers Compensation if it is the result of a physical injury or a sudden shock or fright. Harrassment by a supervisor does not qualify. I am sorry I could not give you better news. 
In Virginia, a mental stress claim is only recognized as compensable under Workers Compensation if it is the result of a physical injury or a sudden... Read More