Types of Injuries and Claims for Virginia Workers Compensation
Posted by Tyler Owens | Types of Injuries and Illnesses
Physical Injuries Claims for physical injuries are the most common type of workers compensation claim. In order for an injury to be covered, Virginia Workers’ Compensation has specific requirements that must be met in order for a claim to be compensable (or covered), just being on the clock is not enough. You must prove three...
What is needed to prove my Virginia workers’ compensation claim?
Posted by Michele Lewane | FAQ
A: It is the claimant’s burden to prove every element of his or her workers’ compensation case. This includes such things as your wages before you were hurt, your wages after you were hurt, that you reported your injury timely, any witnesses to your injury, what medical treatment you have received, and what work restrictions you have,...
LiveLifeBig Podcast
Posted by Michele Lewane | Workers' Compensation Benefits
In May 2019, Michele Lewane was invited to Fairfax, Virginia to be interviewed by her colleague and friend, Ben Glass, on his Live Life Big Podcast. There’s a lot of experience in the room when Ben Glass and Michele Lewane sit down to talk about battling it out in the Virginia legal trenches. On the...
Does My Employer Have to Hold My Job?
Posted by Michele Lewane | Returning To Work
Most people injured on the job will return to work quickly. However, there are some who do not. They may return eventually, but it will take some time, particularly if the injury was catastrophic or if surgery is needed. Those people are, understandably, concerned about whether they will have a job when they are able...
Am I Responsible For Filing A Workers’ Compensation Claim?
Posted by Michele Lewane | FAQ
Yes. The injured worker is always responsible for filing the Claim Form with the Virginia Workers’ Compensation Commission. Even if your employer completes their own accident report and sends it to their insurance carrier, they are only required to notify the Commission that you were injured which is not the same as filing a Claim...
My Workers’ Compensation Claim Was Denied, Now What?
Posted by Michele Lewane | FAQ
There are many reasons that your claim may be denied. You may have said “I am not sure what I did/why I fell/I didn’t feel any pain at the time.” The reason does not necessarily mean that you do not have a case. Thousands of cases are denied. I, along with numerous other workers’ compensation...
Can I Get Fired If I’m Hurt At Work
Posted by Michele Lewane | FAQ
The work environment can be a little uncomfortable after a work injury. Unfortunately, the sad reality is that having an injury at work and then having a subsequent workers’ compensation claim does not protect your job. You need to communicate your work restrictions to your employer by supplying the employer with a copy of your...
What are my Rights and Responsibilities to pursue a workers’ compensation claim?
Posted by Michele Lewane | FAQ
A: Under the Virginia Workers’ Compensation Act, an injured employee is entitled to a potential 500 weeks of lost wages, including temporary total, temporary partial, and permanent partial disability benefits, and payment of medical treatment for as long as the need for the medical treatment is necessary and related to the work injury. In some...
Who is supposed to pay me when I can’t work because of an injury on the job?
Posted by Michele Lewane | FAQ
A: The benefits, including lost wages, are actually paid by your employer’s workers’ compensation insurance carrier-not the employer. In some cases, the employer can be self-insured, which means that your employer is paying the benefits. In that situation, the money may be paid by the employer directly or by a company the employer has hired to...
Can You Get a Cost of Living Adjustment
Posted by Michele Lewane | FAQ
A: Yes. However, there are two requirements. First, you must be under an open award for temporary total disability benefits with the Virginia Workers’ Compensation Commission on or before July 1 of the year you are seeking the Cost of Living Adjustment, also known as COLA. Second, you must provide documentation from the Social Security Administration,...