What are job re-training and vocational rehabilitation benefits?
Posted by Michele Lewane | FAQ
If an injured worker is under an award and is able to work in some capacity, but is not able to return to his or her pre-injury job, then the workers’ compensation insurance company may assign a vocational rehabilitation counselor to assist the injured worker in finding a job. It is usually done after permanent …
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What mistakes do I need to avoid or be aware of when handling my workers’ compensation claim?
Posted by Michele Lewane | FAQ
There are many mistakes that you should avoid making. The best way to avoid them all is to seek the advice of an experienced workers’ compensation attorney. However, some of the most common include: Signing a general release. This means that you sign a release for the workers’ compensation carrier to get any medical records …
Should I talk to my physician about my work restrictions?
Posted by Michele Lewane | FAQ
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 …
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I do not understand about returning to work either light duty or full duty and whether I have to look for other work.
Posted by Michele Lewane | FAQ
If your doctor releases you to full duty work with no restrictions then you are no longer entitled to any workers’ compensation wage loss benefits as any wage loss you have is no longer related to your work injury. However, you are still entitled to medical treatment through workers’ compensation. If your doctor releases you …
What if I cannot afford the gas money to get to physical therapy?
Posted by Michele Lewane | FAQ
An award for medical treatment allows an injured worker reimbursement for mileage to and from doctor’s appointments, physical therapy, lab work, diagnostic testing, and other medical appointments. However,you cannot be reimbursed for mileage to and from the pharmacy to get prescriptions filled as it is assumed that a pharmacy trip will be included in the mileage for …
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Are you joking, workers’ compensation gets my money from my auto accident claim?
Posted by Michele Lewane | FAQ, Injured Workers Law Firm, Uncategorized
If workers’ compensation insurance has paid any benefits to you or on your behalf that are included in the auto accident claim, then the workers’ compensation insurance carrier not only has a lien against any money you get from the auto accident case but you MUST get the workers’ compensation insurance carrier’s permission before you …
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My nurse case manager is trying to get my doctor to change my treatment plan, work restrictions, etc. What should I do?
Posted by Michele Lewane | FAQ, Injured Workers Law Firm, Uncategorized
This comes close to what is known as “managing medical treatment.” In Virginia, no one but the treating physician can direct medical treatment, not even your nurse case manager. If you feel your nurse case manager is attempting to persuade your doctor to change the treatment plan or your restrictions, he or she is very …
I was injured on a construction site while I was working as an independent contractor. Can I still get Virginia workers’ compensation benefits for my injury?
Posted by Michele Lewane | FAQ, Injured Workers Law Firm, Uncategorized
The answer to this question depends on the very specific facts of your case. The Virginia workers’ compensation laws determine who is considered an “employee” of a company and who is an independent contractor. Just because you are labeled an independent contractor does not make you one under workers’ compensation. The issue is the degree …
What Does It Mean When an Employer is Self-Insured?
Posted by Michele Lewane | FAQ
Most often, employers carry workers’ compensation coverage through a third party insurance carrier and pay only premiums to ensure that, in the event that one of their employees gets hurt on the job, another entity is responsible for paying that employee’s medical bills and lost wages. Some employers do choose to self-insure, however, and are …
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Will My Workers Compensation Insurance Company Spy on Me?
Posted by Michele Lewane | FAQ
The short answer is, yes. This is a common practice. Private Investigators and What They Do Sometimes, the insurance company will send a private investigator to monitor you and your activity level, as well as what activities you are taking part in during your free time. Your worker’s compensation insurance company relies on the answers …
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