Who is supposed to pay me when I can’t work because of an injury on the job?
Posted by Michele Lewane | FAQ
A: The benefits, including lost wages, are actually paid by your employer’s workers’ compensation insurance carrier-not the employer. In some cases, the employer can be self-insured, which means that your employer is paying the benefits. In that situation, the money may be paid by the employer directly or by a company the employer has hired to …
Continue reading "Who is supposed to pay me when I can’t work because of an injury on the job?"
Can You Get a Cost of Living Adjustment
Posted by Michele Lewane | FAQ
A: Yes. However, there are two requirements. First, you must be under an open award for temporary total disability benefits with the Virginia Workers’ Compensation Commission on or before July 1 of the year you are seeking the Cost of Living Adjustment, also known as COLA. Second, you must provide documentation from the Social Security Administration, …
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 …
Continue reading "Why does workers’ compensation insurance have to know about my auto accident?"
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 …
Continue reading "How do I change my workers’ compensation doctor?"
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, …
Continue reading "How long do I have to report my work injury to my employer?"
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 …
Continue reading "What is a Functional Capacity Evaluation?"
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 …
Continue reading "Updates to the Status of Workers’ Compensation and COVID-19 in Virginia"