Virginia Workers Compensation Legal Questions

In Virginia a carpal tunnel injury can be a workers compensation injury. However, the doctor must rule out all other causes of the problem and say the carpal tunnel came exclusively from a repetitve activity you did at work. Often it is very hard to get a doctor to do this. You need to meet with the doctor and explain what repetitive activity you do at work you feel caused the problem. ... Read Answer

Dear Annoymous: I understand you injured yourself at work and had surgery on April 29, 2016 to repair a tibia tendon. You still cannot use your foot and experience pain on daily basis. Your doctor is supposed to direct your medical treatment under VA Workers Law. You should be reporting these problems back to the doctor. If the doctor cannot solve the problem, you should think about requesting a new doctor. You should make sure you have an award for this injury at the Virginia Workers Compensation Commission. Call 1-877-664-2566 to check.  I have practiced Virginia Workers Compensationi law for over 35 years. For more information you can contact me at 1-804-358-4766 or visit my website at geraldlutkenhaus.com.  Jerry Lutkenhaus... Read Answer

Hello Anonymous:  There is much you can and should do about being hurt on the job.  However, since I do not have specific information about your accident and injury, I can only provide some basic, but helpful information. Other than immediately meeting with a lawyer that helps injured workers, I would say the following: This information applies for Virginia workers' compensation cases.  Again, this is not case-specific information.  I can only give "general" information and would have to know the facts of your case in detail inorder to provide specific information. Give notice to your employer as soon as possible after the accident.  Get appropriate medical care as soon as possible after the accident.  You likely have the right to choose from a valid panel of physicians.  File a claim for benefits with the Virginia Workers' Compensation Commission-THIS IS NOT THE SAME AS FILING WITH THE INSURANCE CARRIER.  Call 1-877-664-2566.  They are helpful. Get as many witnesses and/or evidence together that will prove your case. This may help in establishing the truth of your claim. Hope this was helpful.... Read Answer

It appears your question is incomplete. If benefits have been denied, your attorney can file a request for hearing. If payments are late, there may be a penalty payment due, depending on how late they were. The loss of vision, if it is legal blindness, may entitle you to a separate award of permanent partial disability. Since you have an attorney already, these issues are best discussed with him or her.... Read Answer

You indicated your friend who is an illegal alien suffered an injury at work. He has been paid voluntary compensation but not his medical bills. He does have the right to be paid for his medical expenses. He does have the right to be paid for being out of work totally. Once he is released to part time or light duty work he would not be eligible for compensation due to his illegal status. Perhaps, the period for which he is disabled is not long enough. You can contact me for more information.  Virginia Workers' Compensation Lawyer... Read Answer

When the insurance company assigns a nurse case manager (NCM) to your case, this can be helpful. On the other hand the NCM can just be an advocate for the insurer. When you are first injured, you are entitled to choose a doctor from a panel of three in Virginia. However, once you accept the doctor provided by the insurer you waive that right especially if you have accepted the specialist for more than 30 days. With a back injury, sending one to physical therapy and then an MRI is standard protocol. Once we are over 35 our discs start to degenerate in our back due to the aging process. Your doctor may be saying that is what he is seeing on the MRI. If you are having foot numbness, then this usually indicates pressure on the spine from a bulging, herniated or ruptured disc. An epidural is used to calm down the nerve for a period of time. It may be all you need.  You always can obtain a second opinion if you want to pay for it. The insurer is not obligated to pay for a second opinion. The insurer can do this if it feels a need to do it. For further information, you can look at www.geraldlutkenhaus.com. ... Read Answer

If you reported the injury when it happened, your employer should have filed a report of injury with the Commission. It is your responsibility to report a work injury within 30 days, preferably in writing. If benefits are owed to you, you need to file a claim for them with the Commission. However, if they paid the medical bills they do not owe any wages unless you have been medically unable to work and they do not have to pay for the first 7 days until you are out for 21 days. They also do not have to pay for any time after you leave their employment unless you are medically unable to work and seeking other employment.... Read Answer

If you seek treatment that is not authorized by the comp carrier through your panel physician, you are usually responsible for payment of those bills. You should speak with your nurse case manager or adjuster first to seek to have the treatment approved. If your panel doctor recommended the treatment and it was denied, or if the treatment was medically necessary treatment for your work injury and was denied, you should speak with an attorney. Your personal opinion that the panel physician is not sufficient for the treatment to be compensable; a medical opinion (in writing) will be required for contested treatment.... Read Answer

You indicate you were injured by a piece of equipment at work. You indicate you have a workers compensation case. You did not say you have an "award" for this injury from the Virginia Workers' Compensation Commission. If you do not, you should seek legal advice. Is this injury going to prevent you from doing your occupation? If you are unsure you should seek legal advice. Was the equipment defective? If you are unsure about this, you should seek legal advice. Are you receiving all the benefits you are entitled to? If you are unsure you should seek legal advice.  I hope this is helpful. For more information, check www.virginiadisabilitylawyer. com. ... Read Answer

The limited facts you provided about where, when, and what caused the fall make it difficult to answer your question. Each claim is fact-specific as to whether the injuries were incident to the employent (arose out of and happened in the course of the job). How long ago did this happen? Was the injury reported in a timely manner? Is there medical documentation to confirm that it was a work injury? Did the employer report her injury to the VWCC? If not, has a claim for benefits been filed by her or on her behalf? Did she miss more than 7 days from work on orders from a physician? Did the employer voluntarily pay any benefits? Your mother should meet with a qualified worker's compensation attorney for a consultation to discuss these issues and to determine how to proceed.... Read Answer

Firstly, make sure the accident is reported to your employer if you have not already done so. The are responsible for reporting the injury to the Worker's Compensation Commission and providing your with a panel of 3 physcians to choose from. If they faile to do son, you can then file online using the WebFile system of the Commission. Once you register, a claim for benefits will need to be filed. If the claim is denied, see an attorney with your medical documentation. God Bless, Jan... Read Answer

Your injury sounds serious. If your injury was a year ago and you are still receiving benefits, you should be under an award. If you have not signed agreement forms or had a hearing yet, consult an attorney near you who specializes in worker's compensation for assistance as soon as possible. A claim for benefits should be filed within two years from the date of the work injury or it could be barred by the statute of limitations. Just because the employer is voluntarily paying benefits, there is no guarantee that they will continue to do so thereafter. Once you are under an award, medical benefits continue for as long as necessary to treat problems caused by the work injury. Wage loss benefits may continue up to 500 weeks.  ... Read Answer

If you have been approved for WC then you can check with the Virginia Workers' Compensation Commission. That number is 1-877-664-2566. If you have been approved, then the Commission will have entered an AWARD in your case. If you do not have an AWARD, you must file a claim to obtain an AWARD supporting by medical documentation. If you claim you are out of work due to an injury, then you would need a report from your treating doctor taking you out of work for this injury.  If you insurer has approved you, it should be paying you the medical bills for the injury and a weekly compensation rate (if the doctor has you out of work for this injury).  For more information, check my website at geraldlutkenhaus.com or email me at jervalaw@aol.com or call me at 1-800-256-8862 (ask for Jerry Lutkenhaus). ... Read Answer

Which doctor refers you back to work or sets your work restrictions? This is a very good question. The referring doctor "can" retain the case regarding work or no work or the referring doctor can refer this also to the pain management doctor. Some pain management doctors do not want to deal with disability/non-disability issues. Also, some insurers prefer to have the new doctor dictate the work/no work issue. Thus, from the above you can see there is no hard and fast rule. For more information contact Jerry Lutkenhaus at 1-800-256-8862 or visit my website at virginiadisabilitylawyer.com.... Read Answer

Check with me through my website virginiadisabilitylawyer.com. As a general rule you need to abide by your doctor's restrictions. If you fail to do this, then the insurer can deny any new injury on the grounds you violated your work restrictions. You can also contact me at 1-800-256-8862. Jerry Lutkenhaus.... Read Answer

If you are injured on the job in Virginia, most of the time you are eligible for workers' compensation coverage for your medical bills and lost wages. If you recover 100% and return to work with no work restrictions, then this can be the end of your claim and there will be no settlement. On the other hand if due to your injury you have work restrictions that prevent your pre-injury work the WC insurance company has a choice. It can continue to pay you weekly WC payments, find you a light duty job, or reach a settlement with you. The insurance company will only reach a settlement with you if it is in its interest to do so. There is no requirement to reach a settlement. And there is no compensation in a WC case for "pain and suffering" and "loss of quality of life" like there would be in a personal injury case. A settlement can involve many factors. For a free consultation contact Jerry Lutkenhaus at 804-358-4766 or toll-free at 1(800) 256-8862 or visit our website at www.virginiadisabilitylawyer.com.... Read Answer

If you were at work, then your employer should file report the claim to its workers compensation carrier. If the employer does not report the claim, then you should file the claim with the Virginia Workers' Compensation Commission. You have two years to file such a claim with the Commission. If you were injured by a third party not connected with your employer, you may have a personal injury claim in addition to your workers compensation claim. You can also check my website at www.virginiadisabilitylawyer.com.... Read Answer

Leaving the job should not affect your medical benefits but make sure you have a lifetime medical award by calling the Virginia Workers' Compensation Commission. If you leave the job, it could affect your rights to future compensation for wage loss. You can also review my website www.geraldlutkenhaus.com for more information.... Read Answer

If you have a treating doctor, then there are generally three ways to switch doctors. First, you can make this request to the workers compensation insurance company. Second, you can ask the current doctor to refer you to a new doctor. Third, you can file a request with the Virginia Workers Compensation Commission but you may need to show by medical proof that the current medical care is inadequate.... Read Answer