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 carrier …
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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 counsel). …
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 make such a …
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How long do I have to report my work injury to my employer?
Posted by Michele Lewane | FAQ
A: You have thirty (30) days after a work injury to notify your employer of the injury. If you have sustained a work injury, it is important to inform your supervisor right away. By waiting, you are putting your worker’s compensation claim or potential workers’ compensation claim and injury(ies) at risk – especially if you need extensive medical care. However, …
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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 …
What is a Functional Capacity Evaluation?
Posted by Michele Lewane | FAQ
A: 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 performing activities and doing tests using …
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Brain Injuries
Posted by Michele Lewane | Injured Workers Law Firm
Brain injuries are some of the most serious injuries we see in Virginia Workers Compensation cases. There are many different types of brain injuries, ranging from concussions to cerebral contusions to seizures and many, many more. If you or a loved one sustained a brain injury at work, it is very important to understand your …
Updates to the Status of Workers’ Compensation and COVID-19 in Virginia
Posted by Michele Lewane | Workers' Compensation Benefits
What If I Think I Got COVID-19 At Work? Our office is getting a lot of calls from folks who believe they have gotten COVID-19 due to their work environment, most specifically those in the healthcare field. Currently, Virginia does not have an exception for these folks extending worker’s compensation benefits to them. The present …
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Can I get workers’ compensation even if the accident was my fault?
Posted by Michele Lewane | Workers' Compensation Benefits
Many injured workers think if they are at fault for the accident which caused their injuries, it will not be not covered by workers’ compensation. However, that is not necessarily true. If you are injured in an accident, even if the accident is your fault, it can still be covered under workers’ compensation. Negligence does …
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Are Workers’ Compensation Benefits Taxable in Virginia?
Posted by Michele Lewane | Workers' Compensation Benefits
One of the most frequently asked questions we get from injured workers is: are my workers compensation benefits taxable? In general, the answer is no. We will discuss what this means for wage loss benefits, medical benefits, settlements, and Social Security. Wage Loss Benefits Wage loss benefits are not taxable for workers who are out …
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