Functional Capacity Exams: Definition, Purpose, and MMI’s
Posted by Michele Lewane | Workers' Compensation Benefits
What Is a Functional Capacity Exam? 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 …
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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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Should I Report Minor Injuries to my Employer?
Posted by Michele Lewane | First Steps, Types of Injuries and Illnesses, Workers' Compensation Benefits
The best way to make sure that you receive compensation when you sustain an injury is to promptly report all accidents, even minor injuries, to your employer, as minor injuries can turn into major injuries, on occasion. Also, while there are honest employers who will help employees receive workers’ compensation benefits, these employers seem to …
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What Type of Benefits Am I Entitled To In a Virginia Workers Compensation Claim?
Posted by Michele Lewane | Educational Videos, Workers' Compensation Benefits
Video Transcript There are numerous benefits available to you under Virginia workers compensation. The most important are lifetime medical benefits and lost wages. Lifetime medical benefits means that, for as long as you live and as long as the injury and the medical condition are related to that accident, the workers comp doctor will be able …
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The Ultimate Guide to Workers Compensation in Virginia by Michele Lewane
Posted by Michele Lewane | Educational Videos, Workers' Compensation Benefits
Video Transcript I wanted to share with you the reason I wrote the Ultimate Guide to Workers Compensation in Virginia. I wrote the book because I’ve been handling workers compensation cases for over 25 years and, throughout that time, I have seen so many people being taken advantage of and not getting the benefits they …
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Why Should I Contact an Attorney When My Employer Pays My Wages and Medical Benefits After Being Hurt on the Job?
Posted by Michele Lewane | Claim Accepted - Now What?, First Steps, Hiring A Lawyer, Workers' Compensation Benefits
There are several reasons why you should still contact a workers’ compensation attorney – even if you are receiving all of your benefits. First, just because they are paying your benefits now does not mean this will continue. The workers’ compensation insurance company can still cut off all of your benefits if you don’t know …
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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Can I Get Workers’ Compensation If the Injury Was My Fault?
Posted by Lorraine D'Angelo | Claim Denied - Now What?, Workers' Compensation Benefits
Many people believe that, if they are responsible for the accident which caused their injury, the employer is not responsible for it. This is probably the case because this is what the employer tells them. However, it is not necessarily true. If you are injured in an accident, even if the accident is your fault, …
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Can I File for Workers’ Compensation Benefits If I Work From Home?
Posted by Michele Lewane | First Steps, Workers' Compensation Benefits
In today’s world of technology and the internet, more and more, people are able to work from locations outside of their employer’s building or office. An article recently stating that 37% of Americans in the work force can now work from home, either occasionally or regularly! Isn’t technology a wonderful thing?! Obviously, this has its …
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Am I Entitled To Money For Scarring?
Posted by Michele Lewane | Workers' Compensation Benefits
Many people ask about whether they are entitled to any money for scarring that is the result of a work accident. The answer is yes but is it really in your best interest to ask for it? A rating for scarring comes under the same Code section as the loss of use ratings, §65.2-503, which …