The Great Compromise – The Idea Behind the Workers Compensation System
Posted by Injured Workers Law Firm | Workers' Compensation Benefits
The workers compensation system is often referred to as “the great compromise” . The compromise is that workers give up their rights to claim damages in a civil court (negligence and/or pain and suffering), and employers/insurance companies agree to pay benefits to workers for injuries occurring during the course and scope of their employment on a …
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Can I Get Home Health Care If My Work Injuries Prevent Me From Taking Care of Myself?
Posted by Injured Workers Law Firm | Workers' Compensation Benefits, Working With A Doctor
I get calls from injured workers wanting to know how they are to go about their day-to-day lives while they are recovering from a serious work injury. Most people do not realize this but the injured worker is entitled to home health care if his or her treating physician indicates that it is medically necessary …
Never Take Someone’s Word That Your Injury Will be Covered!
Posted by Injured Workers Law Firm | Claim Accepted - Now What?, Claim Denied - Now What?, First Steps, Workers' Compensation Benefits
I always get concerned when injured workers tell me that their employer (or the insurance carrier) has made them all these promises that they will be taken care of after a work injury. In fact, I had an injured worker call me today who had an injury several years ago. For conversation sake, we will …
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Sexual Harassment Does Not Entitle You to Workers’ Compensation Benefits
Posted by Injured Workers Law Firm | Non-Workers’ Compensation Benefits, Types of Injuries and Illnesses, Workers' Compensation Benefits
I sometimes get calls from workers who have been the victim of sexual harassment in the work place and they want to know if this would entitle them to a workers’ compensation claim. The answer is NO. With sexual harassment there is no physical injury and the State of Virginia has gone as far as …
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New Fines for Employers Who Don’t Have Workers’ Compensation Insurance Coverage
Posted by Injured Workers Law Firm | Injured Workers Law Firm, Workers' Compensation Benefits
I’m pleased to announce that the Virginia Workers’ Compensation Commission has finally made some updates to their rules and guidelines when it comes to uninsured employers. The new fees and regulations read: “The law change amends section 65.2-805 of the Workers’ Compensation Act which addresses the civil penalty for employer failure to insure. Such employer …
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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 …
Temporary Partial Disability (TPD) benefits are NOT automatic!
Posted by Injured Workers Law Firm | Workers' Compensation Benefits, Working With The Adjuster/Nurse Case Manager
Temporary Partial Disability benefits, or TPD, are wages paid to an injured worker when they are working under light duty restrictions from their doctor and earning less than their pre-injury average weekly wage. However, these benefits are not automatic (unless there is an award order). The injured worker has to send their check stubs in …
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What Is a 20 Day Order and why Did I Get it?
Posted by Injured Workers Law Firm | First Steps, Workers' Compensation Benefits
Once you have filed your Claim Form with the Virginia Workers’ Compensation Commission, you will get a letter from the Commission entitled 20 Day Order in the top left hand corner. I get calls from people wanting to know what this letter is all about. This is a standard computer generated letter. Once you file your claim …
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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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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 …