CHEATED OUT OF BENEFITS – FIRED MY FIRST DAY BACK ON THE JOB?
Posted by Michele Lewane | Hiring A Lawyer, Returning To Work, Workers' Compensation Benefits
How can my employer cheat me out of my benefits by giving me light duty work and then firing me on my first day back on the job? Virginia case law has held that, when your employer gives you light duty work to do that’s within your work restrictions given by your workers’ compensation treating …
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If I’m Being Paid Virginia Workers Compensation, Can I Quit My Job?
Posted by Michele Lewane | Educational Videos, Returning To Work
Video Transcript Some injured workers ask the question, “If I’m being paid workers compensation, can I quit my job?” The answer is yes and no. You can quit your job but I strongly advise that you speak with an attorney because there are ways to do it and protect your benefits. If you are on …
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In Virginia, Can I Be Fired While on Workers’ Compensation?
Posted by Lorraine D'Angelo | Returning To Work, Workers' Compensation Benefits
This is a common question and the answer is yes you can be fired. I know this is a very scary concept for anyone, especially after a serious injury. However, there are things that can protect you. You can apply for FMLA (Family Medical Leave Act) while on workers’ compensation. This is a Federal law, …
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Keeping Your Job During a Workers Compensation Claim
Posted by Lorraine D'Angelo | First Steps, Returning To Work
Understandably, many people who are injured at work are concerned about their jobs. They are afraid that if they cannot perform the duties of their job, they will be fired. Unfortunately, the Virginia Workers’ Compensation Act will not prevent the employer from firing you if you cannot work. However, if your work injury is determined …
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If I File a Workers’ Compensation Claim, Am I Going to Get Fired?
Posted by Michele Lewane | Educational Videos, Returning To Work
Injured Workers Law Firm helps protect injured workers from an illegal or improper firing or termination when they make a workers’ compensation claim. Video Transcript It is illegal for an employer to fire an employee for filing a workers comp claim, so usually, this does not happen. However, in Virginia, you are employed at will …
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Problems When Returning to Work
Posted by Michele Lewane | Returning To Work
Sadly, when injured workers go back to work, there could be problems when returning to work. Especially before they are medically ready. They can suffer new injuries or a re-injury that sets their medical progress back. Most of the injured workers I talk to are anxious to return to work after their work accident and …
Returning To Work On Light Duty Status
Posted by Injured Workers Law Firm | Returning To Work, Workers' Compensation Benefits, Working With A Doctor, Working With The Adjuster/Nurse Case Manager
What It Means When Your Doctor Releases You for “Light Duty” After a Work Injury A work injury prescribed for light duty means you can go back to work. Whether your former employer will make a job available for you may be an issue, and you might want a Richmond Workers’ Compensation attorney to investigate …
My Employer Won’t Let Me Work While I’m on Light Duty
Posted by Injured Workers Law Firm | Returning To Work
First of all, if your employer won’t let you come to work while you’re on light duty restrictions, don’t take it personally. Many employers out there simply don’t offer light duty work and others may have some light duty work but it may only be sporadic. Your job as the injured worker is to communicate …
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What is a Functional Capacity Exam?
Posted by Michele Lewane | Returning To Work, Workers' Compensation Benefits, Working With A Doctor, Working With The Adjuster/Nurse Case Manager
In some Virginia Workers’ Compensation claim, when appropriate, you may be sent for a Functional Capacity Exam. Not every injured worker will need an FCE but if your doctor or if the insurance company has mentioned this term on, you need to read the rest of this post – and make sure you consult a …
I Just Had My Functional Capacity Exam, Is My Claim Over?
Posted by Michele Lewane | Returning To Work, Workers' Compensation Benefits, Working With A Doctor, Working With The Adjuster/Nurse Case Manager
Not at all! The Functional Capacity Exam (FCE) is an exam where a physical therapist has you do a series of movements and measures your strength and range of motion. This usually means that you have reached a medical plateau and the doctor does not expect any more significant improvement. This DOES NOT mean that …
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