What if I cannot afford the gas money to get to physical therapy?
Posted by Michele Lewane | FAQ
An award for medical treatment allows an injured worker reimbursement for mileage to and from doctor’s appointments, physical therapy, lab work, diagnostic testing, and other medical appointments. However,you cannot be reimbursed for mileage to and from the pharmacy to get prescriptions filled as it is assumed that a pharmacy trip will be included in the mileage for …
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What does it mean that my Virginia work injury or work related disability has to have arisen from employment?
Posted by Michele Lewane | Uncategorized
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 lifting …
What is the truth about “lifetime” medical benefits?
Posted by Michele Lewane | Uncategorized
While you may have an award for “lifetime medical benefits,” this may not necessarily mean what it sounds like. The insurance carrier is only required to cover reasonable, necessary, and causally related medical treatment. Unfortunately, it is the injured worker’s burden to prove these things. Therefore, the insurance company can, and will, deny treatment when …
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I was on a business trip and got hurt in the hotel. Can I collect Virginia workers’ compensation?
Posted by Michele Lewane | Uncategorized
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 the …
How Do You Report a Work Injury in Virginia?
Posted by Michele Lewane | Uncategorized
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 …
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What happens if I lose permanent function of a body part?
Posted by Michele Lewane | Uncategorized
When a job related injury results in the loss of use of a certain body part or parts that are specifically included in the Virginia Workers’ Compensation Act, an injured worker may be eligible to collect benefits for the loss of use of that body part or parts. The amount of compensation differs depending on …
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Are you joking, workers’ compensation gets my money from my auto accident claim?
Posted by Michele Lewane | FAQ, Injured Workers Law Firm, Uncategorized
If workers’ compensation insurance has paid any benefits to you or on your behalf that are included in the auto accident claim, then the workers’ compensation insurance carrier not only has a lien against any money you get from the auto accident case but you MUST get the workers’ compensation insurance carrier’s permission before you …
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My nurse case manager is trying to get my doctor to change my treatment plan, work restrictions, etc. What should I do?
Posted by Michele Lewane | FAQ, Injured Workers Law Firm, Uncategorized
This comes close to what is known as “managing medical treatment.” In Virginia, no one but the treating physician can direct medical treatment, not even your nurse case manager. If you feel your nurse case manager is attempting to persuade your doctor to change the treatment plan or your restrictions, he or she is very …
I was injured on a construction site while I was working as an independent contractor. Can I still get Virginia workers’ compensation benefits for my injury?
Posted by Michele Lewane | FAQ, Injured Workers Law Firm, Uncategorized
The answer to this question depends on the very specific facts of your case. The Virginia workers’ compensation laws determine who is considered an “employee” of a company and who is an independent contractor. Just because you are labeled an independent contractor does not make you one under workers’ compensation. The issue is the degree …
Everything You Need to Know About Concussions
Posted by Michele Lewane | Injured Workers Law Firm
In 2108, there were 2.8 million reported nonfatal workplace injuries and illnesses in the United States. This number includes 77,660 nonfatal head injuries related to a workplace accident or illness. Of those, 16,210 were diagnosed as concussions and another 1,320 involved an unspecified brain injury. Concussions and other types of brain injuries are all-too-common in …
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