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, …
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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 …
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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 …
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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 …
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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 …
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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, …
Why does workers’ compensation insurance have to know about my auto accident?
Posted by Michele Lewane | FAQ
A: For an automobile accident that took place before your work injury, the workers’ compensation carrier will want to know if you injured the same body parts before to verify that the work injury is responsible for your need for treatment. If the automobile accident took place after the work accident, then the workers’ compensation carrier …
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What happens at a deposition?
Posted by Michele Lewane | FAQ
A: A deposition is the insurance company’s opportunity to speak with you and ask you questions before the scheduled hearing. It is part of what is called “discovery.” At a deposition, you are in a room with the attorney for the employer and insurance company and a court reporter (and your attorney if you have counsel). …
How do I change my workers’ compensation doctor?
Posted by Michele Lewane | FAQ
A: Once you have started a course of treatment with a doctor, he/she is considered your workers’ compensation doctor and you are required to continue seeing them in order to receive your workers’ compensation benefits. If you would like to change your doctor, it must be approved by your employer or insurance carrier before you make such a …
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