Are Occupational Diseases Covered By Workers’ Compensation?
Posted by Injured Workers Law Firm | Workers' Compensation Benefits
Though the most common types of injuries covered by workers’ compensation rules in Virginia are accidents, occupational diseases are also covered. For workers’ compensation purposes, an occupational disease is considered a disease that arises out of and in the course of employment (just like accident requirements) and it’s not an ordinary disease of life, which …
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The Top Five Reasons Your Workers Compensation Claim was Denied & How to Appeal
Posted by Michele Lewane | Claim Denied - Now What?, First Steps
Workers’ compensation insurance companies make the initial determination as to whether your work injury claim is approved or denied. The insurance companies like to deny work injury claims all the time – sometimes for a valid reason but most of the time because the insurance companies are hoping injured workers will just take their word …
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Can You Sue Your Employer for a Work Injury?
Posted by Injured Workers Law Firm | First Steps
A workplace injury, especially a painful or disabling one, can leave you reeling. You may want to know all your available options so you can claim all the benefits you are entitled to. An option many people consider and ask me about is if they can forego workers compensation benefits and sue their employer so …
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Virginia Workers’ Compensation is a Slow Process
Posted by Michele Lewane | Claim Accepted - Now What?, Claim Denied - Now What?, Settlement, Workers' Compensation Benefits
Virginia workers’ compensation can be a painfully slow process. I’m not trying to frighten anyone but, as an injured worker, you need to know what to expect when dealing with this process. Also, there are several processes within the process – a claim has to be formally approved or denied before a hearing can be …
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Identifying the People and Agencies in a Virginia Workers’ Compensation Claim
Posted by Michele Lewane | FAQ, First Steps
If you have been injured on the job and are pursuing workers’ compensation benefits, you are going to be coming into contact with a lot of people who are involved in the process. It can get confusing when you are dealing with all these different folks and, really, all you want to do is just …
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Reporting Your Work Injury Correctly
Posted by Michele Lewane | First Steps
Many injured workers that I talk to have to perform repetitive tasks at work. The current workers’ compensation laws in Virginia do NOT cover work injuries that are caused by repetitive motion (with the exception of Carpel Tunnel Syndrome), so many work injuries are denied. To have a work injury by accident, in most situations, …
Functional Capacity Exams: Definition, Purpose, and MMI’s
Posted by Michele Lewane | Workers' Compensation Benefits
What Is a Functional Capacity Exam? 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 …
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I’m a Virginia State Employee and No Lawyer Will Take My Workers Comp Case
Posted by Michele Lewane | Hiring A Lawyer
When a Virginia State employee has a workers’ comp claim (all state claims are insured through Managed Care Innovations or MCI), the case can never settle because the State of Virginia never settles cases (with one rare exception). Plus, a settlement requires resignation which a Virginia State employee would not like as an option because …
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Why Accept A Virginia Workers’ Compensation Settlement?
Posted by Michele Lewane | Settlement
When you are faced with a life changing work injury, the decision to accept a workers’ compensation settlement can be a complicated one. There are pro’s and con’s on either side of the decision so I’ve put together the list below in order to educate injured workers of the benefits of accepting a workers’ compensation …
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Why A Virginia Workers’ Compensation Settlement Must be Approved by the Commission
Posted by Michele Lewane | Settlement
When the workers’ compensation insurance company and the injured worker (and possibly their attorneys) reach an agreement for a Virginia workers’ compensation settlement, the Virginia Workers’ Compensation Commission will oversee the settlement and must approve it for it to become final. Virginia Code Section 65.2-701 requires that ALL Virginia workers compensation settlements be filed with …