What happens when the doctor says I am at maximum medical improvement?
Posted by Michele Lewane | Uncategorized
Once you reach Maximum medical improvement ,your doctor will likely recommend a FCE (Functional Capacity Evaluation) to establish permanent restrictions. Sometimes, the permanent restrictions can mean a change in employment status. Some employers will be willing to accommodate temporary restrictions on a short-term basis. However, the employer may not be equally willing to find a permanent light duty position...
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...
What if I can never return to work after my injury? Can I get workers’ compensation wage benefits for life?
Posted by Michele Lewane | Uncategorized
Usually, and in most cases, no. You will be limited to 500 weeks of wage compensation. However, there are some exceptions. If you have been severely injured on the job and are unable to return to work, you may qualify for permanent disability payments through workers’ compensation insurance. Proving permanent disability can be difficult and...
What documentation will I need when filing a workers’ compensation claim?
Posted by Michele Lewane | Uncategorized
When you’ve been injured on the job in Virginia and you are filing for workers’ compensation benefits, different documentation will be needed at different times. While the days and weeks following an injury can be difficult, it’s important to gather and protect this vital paperwork as you receive it. Some of the documents are simply...
What does it mean that my Virginia work injury or work related disability has to have arisen from employment?
Posted by Michele Lewane | Uncategorized
Not all injuries that take place at work are covered. A Virginia work injury or work related disability must have arisen from employment. That means that some part of your employment must have caused the work injury. Some situations are pretty clear. For example, if you suffered an injury in your back due to lifting...
What is the truth about “lifetime” medical benefits?
Posted by Michele Lewane | Uncategorized
While you may have an award for “lifetime medical benefits,” this may not necessarily mean what it sounds like. The insurance carrier is only required to cover reasonable, necessary, and causally related medical treatment. Unfortunately, it is the injured worker’s burden to prove these things. Therefore, the insurance company can, and will, deny treatment when...
I was on a business trip and got hurt in the hotel. Can I collect Virginia workers’ compensation?
Posted by Michele Lewane | Uncategorized
For the most part, yes, you can collect workers’ compensation if you were on a business trip and got hurt in the hotel. The law says that injuries that occur while traveling on a business trip are covered, with some exceptions. Slip and falls may occur in the hotel. You could get injured fixing the...
How Do You Report a Work Injury in Virginia?
Posted by Michele Lewane | Uncategorized
There are three ways to report your injury. First, you need to report your injury to your employer. Even if your injury was witnessed by other employees, including your direct supervisor, it is YOUR responsibility to immediately (as soon as you are able) contact your employer to advise them of your work injury and how...
What happens if I lose permanent function of a body part?
Posted by Michele Lewane | Uncategorized
When a job related injury results in the loss of use of a certain body part or parts that are specifically included in the Virginia Workers’ Compensation Act, an injured worker may be eligible to collect benefits for the loss of use of that body part or parts. The amount of compensation differs depending on...