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How important is it to get a disability slip from my treating physician?
When you’ve been injured on the job and have received a permanent disability rating, it’s crucial that you acquire proof of Workers’ Comp disability. You can do this by obtaining a disability slip from your treating physician so that you can continue to receive benefits. Many Workers’ Compensation cases have been held up or derailed because this small piece of paper was missing.
Before you leave your doctor’s office, ask for your disability slip. This slip indicates that you have work restrictions and cannot return to work. Your employer’s Workers’ Compensation insurance provider will not pay your weekly benefits and wages unless they have their own copy of the disability slip, clearly indicating your permanent disability rating or that your work restrictions cannot be accommodated by your employer.
Even if the doctor authorizes these restrictions, to the insurance company, nothing counts without that disability slip. They will absolutely refuse to pay you your benefits and possibly even accuse you of lying about your disability until they have a copy.
This disability slip is also important if the insurer tries to enroll you in a Workers’ Compensation return-to-work program because it outlines what your work restrictions are, and the Workers’ Comp insurer is obliged to stay within those restrictions.
Speak with a Workers’ Comp disability attorney in a no-obligation consultation, in which a work injury lawyer who has handled Workers’ Compensation cases just like yours will evaluate your case and give you the opportunity to ask questions about how the claim will be handled and what obstacles you might encounter along the way.
Contact an Attorney about Your Workers’ Comp Disability
When you have difficulties with your work-related injury claim, a VirginiaWorkers’ Comp attorney can bear some of the burden of dealing with the stressors of Workers’ Compensation. If you return to work or receive a permanent disability rating, an attorney can help. Fore more information about Workers’ Compensation, pick up a free copy of the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
Top Priority in Workers’ Compensation Claims after Work Injury in Virginia
If you have been injured on the job in Richmond or an outlying area, you may feel overwhelmed by emotions, concerns, and fears, and you’re probably also in a considerable amount of pain, further compounding the difficulty of managing your situation.
At our Virginia Workers’ Compensation claims law firm, we understand what you are going through, and we will make it our priority to help you and your family understand your options and receive the workers comp claim benefits that you are lawfully entitled. Call our office and speak with one of our dedicated work injury attorneys.
After any serious work injury, it’s easy to get caught up in your anxieties and frustrations. It’s understandable when small details seem to derail your train of thought or complicate your situation. After any work-related injury or accident, no matter what, your first priority should be getting the maximum reward possible.
Getting the Highest Recovery Possible from Workers’ Compensation Claims
Getting a substantial recovery amount is not easy, and is unlike anything portrayed in movies or television, most of which deal with high-stakes personal injury claims.
Unlike personal injury cases, Workers Compensation doesn’t have an obligation to make the injured person “whole” – the way that he or she was before the accident. Your pay will be cut by a third, and no matter how much discomfort or agony you’ve endured, you will not be eligible for pain and suffering damages or for any other non-economic recovery.
Workers’ Compensation operates by a different set of rules, so to ensure that you are adequately prepared for whatever financial or medical obstacles you may encounter on your path to rehabilitating your health.
One of the most effective steps you can take to protect your health, your recovery, and your rights after a serious work-related accident is to seek help from a workers comp claim attorney.
After a serious work injury, focus on getting the maximum recovery possible under Virginia law, and be sure to retain the services of a dedicated attorney who will work towards the same goal.
This includes seeking alternative means of recovery, such as:
- premises liability;
- defective product; and
- automobile accident claims, in the event that any of these are applicable to your injury.
This isn’t a simple process, and there may come a time that you have to make a difficult decision about settling one or pursuing the other. It’s crucial to your claim that you consult with an attorney who can help you coordinate these efforts. For instance, some claims affect your ability to collect on others, such as Social Security disability benefits.
Workers’ Compensation Claims Don’t Make You “Whole”
Virginiarequires that businesses with 3 or more employees carry insurance. The most profound similarity a workers comp claim shares with a personal injury claim is that, in both cases, the insurance provider will often resort to unscrupulous means to thwart your legitimate efforts to get the benefits you’re lawfully entitled.
Remember, Workers’ Compensation does not aim to make you whole, which means that there is no statutory guarantee that you will be compensated in a way that covers all of your expenses, current and future. Your pay will effectively be reduced, even though your costs will stay the same, and may even increase.
Speak with a work injury attorney who will thoroughly and aggressively explore every possible avenue for recovery. You deserve a lawyer who will work tirelessly to safeguard your and your family’s future. Reach out to ourRichmond offices to schedule a free consultation and have your case evaluated by a skilled lawyer.
Contact an Attorney about Workers’ Compensation Claims
When you have difficulties with your work-related injury claim, an attorney can bear some of the burden. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp claim attorney for a no-cost consultation – 877-755-7744 or 804-755-7755.
Should I go to job interviews?
If you’re filing for Workers’ Compensation in Virginia, it’s important to keep going to job interviews so that your workers’ injury claim isn’t discredited. If your claim has been wrongly denied, you’ll need to quickly contact Workers’ Comp lawyers in Richmond, VA.
It may seem counterintuitive, but when you’re filing for Workers’ Compensation, any employment opportunities you’re presented with must be pursued. This is primarily to show that you’re being cooperative and aren’t trying unscrupulously to avoid work.
Even when the adjuster overseeing your workers’ injury case sets you up on job interviews that are clearly unsuitable for you, attend the interviews so that your cooperation is marked and documented. If you have an appointment at the Virginia Employment Commission office, then by all means, make sure you show up.
There are 2 main reasons to continue going to job interviews:
- Insurance Companies – if you don’t attend interviews and make an honest effort to seek suitable employment, the adjuster could deny your benefits; and
- Defense Attorneys – if you do everything you possibly can, the defense attorneys will have no ammunition against you.
When you’re filing for Workers’ Compensation, employment opportunities that are missed could be a quick ticket to a denied claim. Make sure you closely abide by the rules for Workers’ Compensation in Virginia and seek the counsel of lawyers in Richmond, VA when you have questions specific to your case.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a Richmond Workers’ Comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
Virginia Workplace Injury Attorney Exposes 4 Shady Tactics Insurance Companies Use
If you suffered a workplace injury, an attorney should be one of the first people you contact because you’ll need unbiased, trustworthy advice. Plus, when you begin the Virginia Workers’ Comp claim process, you probably aren’t aware of all of the important Workers’ Comp laws or all the shady tactics insurance companies may try to use against you.
Everyone would like to think that the insurance companies handle matters fairly, but that’s just not the case. Adjusters are trained to reduce their overall payouts and find ways to deny claims.
This is where VA workplace injury attorneys come in; they can look out for your best interests and make sure you don’t fall into any of the insurance companies’ traps.
Tactic #1: Temporary Appeasement
Right after your injury, the insurance company may begin voluntarily paying you some benefits. At first glance, this may seem fantastic, but oftentimes, it’s a ploy to make you think you don’t need to file an actual Virginia Workers’ Comp claim.
Without a workplace injury attorney to help you file a claim and secure a legal award agreement, the insurance company doesn’t have to pay you a dime. So they’ll pay you upfront in an attempt to appease you temporarily while they wait out the statute of limitations, which is usually two years.
After the two-year period, they’ll simply stop paying you, and if you haven’t already filed a formal claim, then you’ll be out of luck.
Tactic #2: Private Investigators
Regardless of how loyal and honest you’ve proven yourself as an employee, insurance companies might hire a private investigator to try to dig up evidence that could be used against you.
The adjusters will use the PI’s findings to try to show that you:
- aren’t following the doctor’s work restrictions; or
- are capable of doing more than the doctor has reported.
Adjusters are counting on you to be ignorant of these loopholes in Virginia Workers’ Comp laws. It’s important to stay aware of their tactics and to consult with workplace injury attorneys who’ll fight to protect your rights and get you the compensation you’re legally entitled to.
Tactic #3: Recorded Statements
The insurance adjusters will call you within a couple of days after your accident at work, and they’ll try to get you to give a recorded statement. Any workplace injury attorney in Virginia will tell you not to agree to their request.
Virginia Workers’ Comp laws do not require you to give a recorded statement. It’s perfectly acceptable to:
- set up a later date to talk to the adjuster; and
- use the time to consult with experienced workplace injury attorneys.
Adjusters attempt to use innocent comments you make during a recorded statement against you so they can deny your claim. They try to lead the questioning in such a way that traps you into saying things they twist into “evidence” that they should deny your benefits.
For example, let’s say you were injured at your Richmond factory job and taken to INOVA. Then, when the insurance company calls you the next day and rapidly fires questions at you. You then make an offhanded comment about your accident, such as, “I just don’t know what happened.”
Statements like this can release your employer from responsibility and wreck your Virginia Workers’ Comp claim. Even if you were under extreme stress or on pain medications when you made the recorded statement, you’re still held responsible for anything you say, according to Virginia Workers’ Comp laws.
Tactic #4: Inaccurate Agreement Forms
The forms that the insurance company sends you to fill out and sign can be inaccurate and inconclusive. It’s highly advisable not to sign anything until your workplace injury attorney has examined it.
There are two ways the insurance companies can use the forms in their favor:
- Reduced Injuries – the forms don’t provide a sufficient way to document the extent of your injuries; whatever injuries and body parts are not specifically mentioned on the form will be excluded from your claim.
- Miscalculated Wages – oftentimes, they’ll put an inaccurate estimate of your wages, which will reduce your compensation rate.
The best way to avoid falling prey to insurance companies’ shady tactics is to talk to workplace injury attorneys who’ll advocate for your rights throughout the claims process.
Contact a Virginia Workplace Injury Attorney
When you have difficulties with your work-related injury claim, a Virginia workplace injury attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
Should I talk to my physician about my work restrictions?
Put briefly, you should always speak to your doctor about work restrictions, if it’s at all possible. You should inquire with your doctor about his or her opinion on your ability to return to work with restrictions, what those restrictions should be, what your functional capacity is for sustained labor, and anything else that might be in relevant to your ability to work.
Speak with attorneys in Richmond who will ensure the regulations of the Virginia Workers Compensation Commission are followed.
It’s important that you get these opinions from your doctor before he hands them off to your insurance company, as many times, a nurse case manager may attempt to unjustly influence your doctor’s opinion at the time that it’s submitted.
In this way, if you address the issue before your nurse case manager attempts to, you’ll at least have the chance to give the doctor your perspective and emphasize the pains and limitations that you’re still experiencing.
When you speak with your treating physician, mention each of the body parts that were injured. In many cases, an insurance adjuster will try to deny compensation for a body part that’s not mentioned in the first appointment, and it’s useful to reiterate each of the injured body parts in the rest of your appointments.
For instance, if you have a neck pain that’s so severe that it makes your shoulder pains seem unimportant, remember to mention both.
Before you leave your doctor’s office, remember to get a disability slip. As in many other states, in Virginia, the Workers’ Compensation insurance carrier will not pay your weekly check unless they have a copy of your disability slip. Speak with a lawyer in Richmond, Virginia who can help you from front to finish, from your claim form to your work comp settlement.
Contact Attorneys in Richmond Virginia for Workers’ Compensation
When you have difficulties with your work comp settlement, a lawyer can step in to bear some of your burden. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact our team of attorneys in Richmond at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744.
My nurse case manager wants to switch my treating physician, but I don’t agree. What should I do?
You should never permit your nurse case manager to switch your treating physician without your consent in Richmond after a workplace injury. Put briefly, this comes close to violating the worker comp rules. Speak with a lawyer in Richmond to learn more about what you can do to protect and secure your rights.
Sometimes, a nurse case manager will try to switch your physician when the physician’s medical opinion of your condition is inconvenient for the insurance adjuster, particularly in questions of work restrictions and your capacity to work.
This “doctor shopping” is an outright abuse of the system.
In some cases, the nurse case manager may tell you that the doctor you’ve selected isn’t available for the next month, but you could see another doctor this week. Insurance companies have sent injured workers to one of a few doctors who regularly give second opinions that clear the worker for returning to work with minimal or no restrictions.
These unscrupulous physicians are paid handsomely for their compliance with the insurance companies, which will go to extreme lengths to get injured workers into the offices of these paid-off doctors. This practice is not only unfortunate, but is also outright wrong – sadly, however, many injured workers are taken advantage of because they don’t know what their rights are, or they don’t know how to protect those rights.
It’s vital to the integrity of your case that you speak with an attorney in Richmond, Virginia, particularly one who has handled a substantial volume of work injury cases and is well-acquainted with the intricacies of worker comp rules.
Contacting a Lawyer in Richmond after a Workplace Injury
When you have difficulties with your work-related injury claim, an attorney in Richmond, Virginiacan bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744.
8 Factors When Dealing With Vocational Rehabilitation Counselor in Virginia Workers’ Comp Cases
After you have been injured at work and your physician has given you a permanent disability rating that includes restrictions, you may be unable to return to your former position at your job as a result of those restrictions. If you’ve been struggling with the complexities of your workplace injury, speak to our team of lawyers in Richmond, Virginia, who have handled Workers’ Comp cases like yours in the past.
An important thing to keep in mind during Workers’ Comp cases is the purpose of a vocational rehabilitation counselor. Superficially, it seems that their goal is to get you a job and help you get back on your feet, but the reality of the situation is that a vocational rehabilitation counselor’s ultimate goal is to get you a job, any job, as quickly as possible, because the sooner that you have another means of employment, the sooner the Workers’ Comp insurance provider no longer has to provide you with benefits.
Here are 8 considerations for when you speak with a vocational rehabilitation counselor during Workers’ Comp cases in Virginia:
- Bring your Workers’ Comp attorney with you to your first meeting with the vocational rehabilitation counselor. This will discourage the counselor from taking up any unprofessional habits, such as attempting to wear you down so that you will accept a cheap offer.
- Document everything. Time and date all of your documents and keep a job search log.
- Don’t treat the counselor like your friend or allow yourself to speak too liberally with him or her. Counselors will attempt to twist your words to make it look like you are refusing to cooperate, so you should ensure that everything you say gives the indication that you are fully compliant and in total cooperation – however, don’t go too far and speak with the counselor like he or she is your buddy. As ideal as it would be if the situation were otherwise, you and the counselor are on opposite sides of the table, both practically and metaphorically.
- Don’t miss any job interviews. Even if you’ve been sent to an interview that is inappropriate for you, you do not want your counselor to be able to say you are refusing to cooperate. In that vein, go to all your interviews.
- Return to working as soon as you are able. You should not go back to work before you are able to, but once you are capable of working a job, you should return. Not only will you earn more income than if you remain on benefits, but it also will prevent you from being stuck with a job you are forced into by your counselor.
- Don’t allow the vocational rehabilitation counselor to come into your house. There’s never a reason for this counselor to come to your home, where he or she will have access to your personal life and may twist details against your case. Always meet at his or her office or a public place.
- Insist that you are given “suitable” employment. This is a requirement under Workers’ Comp rules; if you suspect these stipulations are being violated, demand an explanation. It’s not a bad idea to get your attorney involved.
- Keep your attorney in the loop. You should let your lawyer know about every job you are offered, any vocational training suggestions, and anything that violates the guidelines or gives you pause.
If you have received permanent restrictions following a work-related injury, make sure that your vocational rehabilitation counselor is adherent to the rules that govern Workers’ Comp, and speak with a member of a team of Workers’ Comp lawyers in Richmond, Virginia.
Contact a Team of Workers’ Comp Lawyers in Richmond, Virginia
When you have difficulties with your Workers’ Comp case, seeking a VirginiaWorkers’ Comp attorney can help bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744.
Top 5 Tips for Workers’ Compensation Cases after Workers Injury in VA
When you sustained a workers injury in Virginia, your first and second priorities should be to your health and your financial future. Speak with a Workers’ Comp attorney who has handled Workers’ Compensation cases similar to yours and who will ensure that your Workers’ Compensation application is fully intact, so as to minimize any obstacles to your claim’s acceptance.
Top 5 Tips on How to Maintain Control of Workers’ Compensation Cases
First, report your injury immediately. Even if you don’t think that you will require medical treatment, you should immediately notify your supervisor of your injury. You should try to get your supervisor to write up an accident report – if he or she does draft a written accident report, secure a copy for yourself.
Your job may be physically demanding and you may find yourself encumbered by regular aches and pains from those exertions, but if you write it off as a minor injury and fail to report it to your supervisor, then when it turns out to be something more serious, your insurance adjuster may have traction with which to deny your claim.
This will force you to go through several more steps, including a hearing, at which you will have to defend the legitimacy of your claim and explain why you didn’t report it in a timely fashion.
Second, protect yourself through the resources that are made available to you via the Virginia Workers’ Compensation Commission. The best way to secure your rights is to file a formal claim for benefits and retain an award order.
You can do this by either drafting a simple letter, by filing a claim form provided by the Virginia Workers’ Compensation Commission, or by filing the form online via the Virginia Workers’ Compensation Commission’s website. Be sure to fully complete this form, and list all the body parts that have been injured.
Your arm does not include your shoulder, and your shoulder does not include your neck. It’s advisable that you list everything that has been affected. If you fell and struck your head, list both head injury and brain injury, as they are considered separate. Be sure to include:
- the specific date the injury occurred;
- the time your injury occurred; and
- your average weekly wage.
Third, keep your medical documentation well-organized. This should go without saying, but carefully organization of your medical records will be of immense benefit to you in your claim, particularly in determining that you receive the correct Workers’ Comp settlement amounts.
Fourth, seek your mileage reimbursement. A condition of Workers’ Compensation is that you are reimbursed mileage necessary to travel to and from your doctors’ appointments. The easiest way to demonstrate that you went to your appointments is to call the medical provider’s billing department and request your bill payment history.
Find the exact distance between you and that medical provider via Google Maps or MapQuest by typing in your home address and that of your doctor’s office. Double that mileage to account for the round trip, and multiply that value by the number of doctor’s visits you can demonstrate with your bill history.
Fifth, be sure to get your cost of living adjustment. COLA happens every year, and accounts for changes the price of basic amenities. Even if the COLA change only gives you an extra $50 or $60 per week, that can add up to several thousand dollars if you’re on Workers’ Compensation for an extended period of time.
Ultimately, the best way to protect Workers’ Compensation cases is with the assistance of an attorney who focuses on matters pertaining to workers injury in Virginia, one who can help you from your first step – filing your workers compensation application.
An attorney knows what factors are taken into account when determining Workers’ Comp settlement amounts, and will aggressively defend your and your family’s financial future against any of the Workers’ Comp insurance provider’s tactics.
Contact an Attorney Who Handles Workers’ Compensation Cases
When you have difficulties after a workers injury in Virginia, a Workers’ Comp attorney can bear some of your burden. To get back on your feet, whether it means getting back to work or getting the workers comp settlement amounts you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744.
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