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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Helpful Resources for Those Affected by the COVID-19 Fallout
Posted by Michele Lewane | Injured Workers Law Firm
Several families in Virginia are being affected by the current Stay at Home Order- people are out of work, unemployment has skyrocketed and citizens are struggling with unforeseen economic hardships. I know things are rough out there so during this difficult time, I wanted to share with you some resources that may help you and …
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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 …