FAQs

What is a Medicare Set aside?

2018-08-02T15:28:28+00:00

A: A Medicare Set Aside, also known as a MSA, is the amount of money it is estimated will be required to protect Medicare’s interest in the future. This amount is determined by a company who specializes in preparing Medicare Set Aside proposals, typically hired by the workers’ compensation carrier. The company will look at [...]

What is a Medicare Set aside?2018-08-02T15:28:28+00:00

How will my Social Security Disability benefits be impacted by my workers’ compensation benefits?

2018-08-02T15:26:33+00:00

A:Your Social Security Disability benefits can be offset by any wage loss benefits you receive in a workers’ compensation claim. However, it also means that the amount of the workers' compensation benefits that are being offset become taxable income. If you are concerned about your benefits, you should have us review your case and [...]

How will my Social Security Disability benefits be impacted by my workers’ compensation benefits?2018-08-02T15:26:33+00:00

How does short term disability apply in Virginia workers’ compensation cases?

2018-08-02T15:21:21+00:00

A: Workers’ compensation cases involving short-term disability can become complicated. Generally, they are mutually exclusive. Income may be replaced if a worker is on short-term disability. Usually, if your workers’ compensation claim is denied, you should apply for short term disability. Each disability policy is different. It is private insurance with different types of [...]

How does short term disability apply in Virginia workers’ compensation cases?2018-08-02T15:21:21+00:00

What can I expect when I meet with a vocational rehabilitation counselor?

2018-08-02T15:46:18+00:00

A: At the initial interview, the vocational rehabilitation counselor gathers information about you: your prior work history, prior work skills and education, criminal history, and your general interests. Thereafter, you generally meet at a public place such as a library or restaurant. The counselor will put a resume together for you and give you [...]

What can I expect when I meet with a vocational rehabilitation counselor?2018-08-02T15:46:18+00:00

What Happens After Maximum Medical Improvement (MMI)?

2018-11-19T15:00:50+00:00

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 [...]

What Happens After Maximum Medical Improvement (MMI)?2018-11-19T15:00:50+00:00

What is a Functional Capacity Evaluation?

2018-08-02T15:43:44+00:00

A: 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 performing activities and doing tests [...]

What is a Functional Capacity Evaluation?2018-08-02T15:43:44+00:00

Can You Get a Cost of Living Adjustment

2018-10-25T16:26:53+00:00

A: Yes.  However, there are two requirements. First, you must be under an open award for temporary total disability benefits with the Virginia Workers’ Compensation Commission on or before July 1 of the year you are seeking the Cost of Living Adjustment, also known as COLA. Second, you must provide documentation from the Social [...]

Can You Get a Cost of Living Adjustment2018-10-25T16:26:53+00:00

What if I get paid less after my injury?

2018-08-02T15:35:25+00:00

A: If you have work restrictions of some kind that prevent you from doing the job you were doing before you were hurt and you find that you are earning less than you were earning before your injury (as a result of less hours, a reduced hourly rate, or both) you may be entitled to [...]

What if I get paid less after my injury?2018-08-02T15:35:25+00:00

Who is supposed to pay me when I can’t work because of an injury on the job?

2018-08-02T15:31:34+00:00

A: The benefits, including lost wages, are actually paid by your employer’s workers’ compensation insurance carrier-not the employer. In some cases, the employer can be self-insured, which means that your employer is paying the benefits.  In that situation, the money may be paid by the employer directly or by a company the employer has hired to [...]

Who is supposed to pay me when I can’t work because of an injury on the job?2018-08-02T15:31:34+00:00

How do I report my injury?

2016-03-14T20:27:41+00:00

A: 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 do I report my injury?2016-03-14T20:27:41+00:00