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
A: 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 …
I was on a business trip and got hurt in the hotel. Can I collect Virginia workers’ compensation?
Posted by Michele Lewane | FAQ
A: 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 …
What does it mean that my Virginia work injury or work related disability has to have arisen from employment?
Posted by Michele Lewane | FAQ
A: 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 …
What is needed to prove my Virginia workers’ compensation claim?
Posted by Michele Lewane | FAQ
A: It is the claimant’s burden to prove every element of his or her workers’ compensation case. This includes such things as your wages before you were hurt, your wages after you were hurt, that you reported your injury timely, any witnesses to your injury, what medical treatment you have received, and what work restrictions …
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What happens at a deposition?
Posted by Michele Lewane | FAQ
A: A deposition is the insurance company’s opportunity to speak with you and ask you questions before the scheduled hearing. It is part of what is called “discovery.” At a deposition, you are in a room with the attorney for the employer and insurance company and a court reporter (and your attorney if you have …
Help, I’ve been terminated from my job.
Posted by Michele Lewane | FAQ
A: Whether you are entitled to any workers’ compensation wage loss benefits depends on why you were terminated. If you were terminated because of something you did that is unrelated to the work injury, i.e., job performance, tardiness, insubordination, then your workers’ compensation wage loss benefits will probably be stopped or you will not be …
My wage check is often/always late. What should I do?
Posted by Michele Lewane | FAQ
A: If you are under an Award and the benefits check is more than 14 days late, you can file a claim with the Virginia Workers’ Compensation Commission for penalties for the late payments. If the Commission agrees, a penalty of 20% of the total of the payments that are late will be ordered. However, …
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My nurse case manager wants to switch my treating physician but I don’t agree. What should I do?
Posted by Michele Lewane | FAQ
A: You should never permit your nurse case manager to switch your treating physician without your consent. This comes close to violating the workers’ comp rules. Sometimes, a nurse case manager will try to switch your physician when the physician’s medical opinion of your condition is inconvenient for the insurance adjuster, particularly with your work …
How do I change my workers’ compensation doctor?
Posted by Michele Lewane | FAQ
A: Once you have started a course of treatment with a doctor, he/she is considered your workers’ compensation doctor and you are required to continue seeing them in order to receive your workers’ compensation benefits. If you would like to change your doctor, it must be approved by your employer or insurance carrier before you …
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Why does workers’ compensation insurance have to know about my auto accident?
Posted by Michele Lewane | FAQ
A: For an automobile accident that took place before your work injury, the workers’ compensation carrier will want to know if you injured the same body parts before to verify that the work injury is responsible for your need for treatment. If the automobile accident took place after the work accident, then the workers’ compensation …
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