Virginia Workers Compensation Legal Questions

Normally Workers Compensation monies are exempt from legal seizure. However, if you deposit the money in a bank account and co-mingle the WC monies with other funds the WC protection may be lost. If you can show the seized money was all WC money, then take Wells Fargo to court to ask for the return of your money.... Read Answer

If your injury occurred 18 years ago, it may be too late to claim any WC compensation for this injury. If you did obtain a WC award back then you may still be able to pursue medical benefits under that award. You can call the Virginia Workers Compensation Commission 1-877-664-2566 to check on the status of your case. You can qualify for Social Security if your doctors say this problem makes you "unable" to do "any" work. I base this opinion on 35 years of practice as a WC lawyer. Please check my website at www.virginiadisabilitylawyer.com for more assistance.... Read Answer

If your accident was on 3/11/11, then it may be too late to file a claim if you do not have an award at the Commission for this injury. Normally, you have two years from the date of an accident to file a claim for an injury in Virginia. If you have an award, then you can file a claim for the medical treatment to be paid but you may need a note from the doctor saying the medical treatment in question was necessitated by the 3/11/11 injury. This opinion is based on 35 years of practice as a Virginia Workers' Compensation Lawyer. Also see my website at www.virginiadisabilitylawyer.com.... Read Answer

I have practiced Virginia Workers Compensation law for 35 years. You indicate you have injured this knee twice at work and now once playing golf. You need to discuss with your doctor whether this is a continuation of your earlier work injury or a new off the job golf injury. If it is totally due to the golf injury then you have no claim for workers compensation and you need to have it taken care of under your health insurance. If it is a continuation of your earlier workers compensation claim then you need to speak to a workers compensation lawyer. There may be time limits that affect your claim.... Read Answer

If you have a Virginia Workers Compensation denial by a Deputy Commissioner, you have 30 days to file an appeal of that decision specifying your reasons for disagreeing with the Deputy Commissioner decision. Your appeal has to be filed in writing with the Clerk of the Virginia Workers Compensation Commission.... Read Answer

You should consult an attorney about your rights. You may have to file a claim with the Virginia Workers' Compensation Commission if the insurer drags her heels about paying you and giving you approval for medical expenses. Most attorneys will at least give you a free consultation about your case. I have 35 years handling workers' compensation cases in Virginia.  I have the highest rating by Martindale Hubbell and AVVO for legal services. ... Read Answer

For any injury on the job, the most employers have a drug testing policy. If you refuse to be tested, the employer can terminate you. This is the case even though you may not be claiming it as a work injury. Since there is that possibility, I think the employer can require that you be tested. Unless you are a Union employee, the employer can terminate you for a reason or for no reason as long as he is not dscrminnating against you due to sex, race, religion, etc. ... Read Answer

Dear Sir: Even though your employer forced you to use a worn-out ladder that caused your injuries, you cannot "sue" him for your injuries. Your remedy is Workers Compensation Insurance which your employer is obligated to provide in Virginia. You indicated you fell 30 feet and have several injuries. You indictate you have lost work skills due to this injury. You did not say whether you lost your job. If you did so, you can file for lost time. You can recover up to 500 weeks of compensation or partial compensation (if you cannot do your former job) as well as lifetime medical coverage for your injuries.  I don't understand what you mean when you say workers compensation say they are no longer responsible. This is only true if the doctors have said you have recovered 100% and have no work restrictions due to your accident or if you have "settled" your case and surrendered all your future rights in the case. I base this on 35 years of workers compensation. See virginiadisabilitylawyer.com.... Read Answer

If the overpayment is not repaid in full before you claim future benefits, a deduction (offset) will be made from those future benefits. The VEC also will use other methods to collect the money owed, including collection agencies, the Credit Bureau, wage garnishment, attachment of bank accounts, seizing of income tax refunds, and levy and sale of personal property.  The costs of collection, including administrative costs, attorney’s fees, late penalty, and interest can also be charged to you.... Read Answer

It is not uncommon for vocational rehabiliation to only concern itself with the work restrictions specified by the treating doctor. If you have work restrictions (due to stress and anxiety), you would have to bring them to the doctor's attention and the doctor would have to incorporate them as part of your work restrictions. The vocational counselor will only follow the work restrictions set by the doctor. Also, the problems you specified (stress and anxiety) are difficult to measure so that may be why the doctor left them out of your work restrictions. ... Read Answer

In Virginia if you have an accident on the job and the claim is denied by your employer, your remedy is to file a claim with the Virginia Workers' Compensation Commission. That Number is 1-877-664-2566.  After you file a claim, the Commission will set a date for a hearing in front of a hearing commissioner. It then will be your word against your employer as to whether or not you were/were not injured on the job. It would be wise to consult with an attorney about this matter. You have two (2) years from the date of your accident to file this Claim for Benefits with the Commission.  You can only "sue" your employer for the injury if the employer does not have workers' compensation insurance. ... Read Answer

Of course you are entitled to sit upright and to imbibe beverages.  You are not expected to lie in bed all day every day and do nothing.  You do not have to be completely and totally disabled to be unable to work and receive workers compensation.  You are still allowed to have a life.  Is someone giving you a hard time about that? This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

If you are on Medicare, a workers compensation settlement that surrenders medical care as part of the settlement will need Medicare approval. Oftentimes, that approval is obtained by submitting an MSA or Medicare Set Aside proposal to Medicare to pay the future medical bills necessitated by the accident. For more information check my website at Virginiadisabilitylawyer.com.... Read Answer

In Virginia, the accident must be unique to the job. So falling down steps or off a curb will not be covered unless there is something special about it- For example, you were carrying a box, the curb was defective, the lights weren't working so you could see,etc. For more information, go to my website at injuredworkerslawfirm.com.... Read Answer

You may need to consult with an attorney to confirm all of your legal rights are being protected. However, what you really need to do is ask the doctor to refer you for a second opinion. If he refuses, ask the insurance adjuster and then at that point you may need legal assistance to get a 2nd opinion.FOR MORE INFORMATION, YOU TO MY WEBSITE AT INJUREDWORKERSLAWFIRM.COM AND ORDER MY FREE BOOK ON WORKERS COMP IN VIRGINIA.... Read Answer

It depends, but usually yes. It is not a requirement and many times, it may not be a condition of settlement.However,the insurance carrier can require you to resign as a condition of settlement. They are trying to prevent the situation where you injured your right shoulder , get paid a lump sum and continue working and the next week you again injure your right shoulder.( aggravations of preexisting injuries are covered in Virginia).For more information, you can go to my website and order my free book on Virginia Workers Compensation.... Read Answer

No. Your workers comp benefits follow you. Though there are many reasons that medical benefits are not for your "lifetime", leaving your job for a new one is not one of them. However, once you leave it may hurt the settlement value of your claim or your ability to get lost wages in the future. For more information, you can go to my website-injuredworkerslawfirm.com and order my free guide to Workers Comp in Virginia.... Read Answer