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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What is a Medicare Set aside?
Posted by Michele Lewane | FAQ
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 …
How will my Social Security Disability benefits be impacted by my workers’ compensation benefits?
Posted by Michele Lewane | FAQ
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 help …
How does short term disability apply in Virginia workers’ compensation cases?
Posted by Michele Lewane | FAQ
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 exclusions …
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