Amputation
Posted by Michele Lewane | Injured Workers Law Firm
Amputations can result from a work accident. Losing a body part, whether it is an arm, leg, hand, foot, finger, or toe, can be life-changing and extremely difficult to deal with. Following an amputation, you will need medical care and could be entitled to lost wages. Once you have recovered and reached maximum medical improvement,...
Chronic Pain
Posted by Michele Lewane | Injured Workers Law Firm
Often, after work injuries, people are left with chronic pain. In some states, the workers’ compensation case ends once the claimant has reached maximum medical improvement, (or MMI). In layman’s terms, MMI means that you have gotten as good as you are going to get. If you have chronic pain, you may have already reached...
COVID-19 and Virginia Workers Compensation Claims
Posted by Michele Lewane | Injured Workers Law Firm
First off, I’m sending out my prayers to anyone affected by the coronavirus/COVID-19 or knows someone who is. It is so important to follow CDC guidelines by staying home and washing hands and surfaces. We are all in this together, and I look forward to the time when we are able to go back to...
What can I expect when I meet with a vocational rehabilitation counselor?
Posted by Michele Lewane | FAQ
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 five (5)...
What if I get paid less after my injury?
Posted by Michele Lewane | FAQ
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 partial...
Help, I’ve been terminated from my job.
Posted by Michele Lewane | FAQ
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 eligible....
What is a Medicare Set aside?
Posted by Michele Lewane | FAQ
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 the...
What happens when the doctor says I am at maximum medical improvement?
Posted by Michele Lewane | Uncategorized
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 permanent light duty position...
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, Uncategorized
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 disease...
If I had/have a pre-existing injury will it be difficult to prove my workers’ compensation claim or get workers’ compensation benefits?
Posted by Michele Lewane | FAQ, Uncategorized
If you suffered an aggravation to a pre-existing condition, then the aggravation should be covered by the workers’ compensation insurance carrier. However, it mayl be more difficult to get workers compensation benefits as the workers’ compensation carrier will probably try to argue that the problems you are having are related to the pre-existing condition and...