How long do I have to report my work injury to my employer?
Posted by Michele Lewane | FAQ
A: You have thirty (30) days after a work injury to notify your employer of the injury. If you have sustained a work injury, it is important to inform your supervisor right away. By waiting, you are putting your worker’s compensation claim or potential workers’ compensation claim and injury(ies) at risk – especially if you need extensive medical care. However, …
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How will my Social Security Disability benefits be impacted by my workers’ compensation benefits?
Posted by Michele Lewane | FAQ
A:Your Social Security Disability benefits can be offset by any wage loss benefits you receive in a workers’ compensation claim. However, it also means that the amount of the workers’ compensation benefits that are being offset become taxable income. If you are concerned about your benefits, you should have us review your case and help …
What is a Functional Capacity Evaluation?
Posted by Michele Lewane | FAQ
A: A Functional Capacity Evaluation (also referred to as “FCE”) is a detailed series of tests performed by a licensed physical therapist to determine if you have any physical limitations as a result of your injury. The test is quite lengthy, often lasting up to four hours. You will be performing activities and doing tests using …
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What can I expect when I meet with a vocational rehabilitation counselor?
Posted by Michele Lewane | FAQ
At the initial interview, the vocational rehabilitation counselor gathers information about you: your prior work history, prior work skills and education, criminal history, and your general interests. Thereafter, you generally meet at a public place such as a library or restaurant. The counselor will put a resume together for you and give you five (5) …
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What if I get paid less after my injury?
Posted by Michele Lewane | FAQ
If you have work restrictions of some kind that prevent you from doing the job you were doing before you were hurt and you find that you are earning less than you were earning before your injury (as a result of less hours, a reduced hourly rate, or both) you may be entitled to partial …
Help, I’ve been terminated from my job.
Posted by Michele Lewane | FAQ
Whether you are entitled to any workers’ compensation wage loss benefits depends on why you were terminated. If you were terminated because of something you did that is unrelated to the work injury, i.e., job performance, tardiness, insubordination, then your workers’ compensation wage loss benefits will probably be stopped or you will not be eligible. …
What is a Medicare Set aside?
Posted by Michele Lewane | FAQ
A Medicare Set Aside, also known as a MSA, is the amount of money it is estimated will be required to protect Medicare’s interest in the future. This amount is determined by a company who specializes in preparing Medicare Set Aside proposals, typically hired by the workers’ compensation carrier. The company will look at the …
If I suffer from a severe chronic illness that my doctor believes is related to the work I do in Virginia, should I consider workers’ compensation?
Posted by Michele Lewane | FAQ, Uncategorized
The likelihood of recovery under Virginia’s workers’ compensation laws for a chronic illness will depend on the type of illness and whether the illness was directly caused by the work you perform. Even if your doctor attributes a chronic illness to your work, it may not be enough to be classified as an occupational disease …
If I had/have a pre-existing injury will it be difficult to prove my workers’ compensation claim or get workers’ compensation benefits?
Posted by Michele Lewane | FAQ, Uncategorized
If you suffered an aggravation to a pre-existing condition, then the aggravation should be covered by the workers’ compensation insurance carrier. However, it mayl be more difficult to get workers compensation benefits as the workers’ compensation carrier will probably try to argue that the problems you are having are related to the pre-existing condition and …
Does an amputation injury require special procedures under Virginia workers’ compensation?
Posted by Michele Lewane | FAQ
An amputation is one of the most serious injuries at work that can affect you. Losing a limb is a life changing event and can cause long lasting disability and pain. If this has happened, you will likely want to file a workers’ compensation claim to get help for medical bills and other expenses. However, …