The 4 Biggest Reasons People Accept a Workers’ Compensation Settlement
Posted by Michele Lewane | Settlement
Every injured worker I deal with has their own individual set of circumstances. A lot of folks want to know why some injured workers choose to accept a workers’ compensation settlement instead of keeping their lifetime medical benefits award. There are several reasons injured workers choose to settle their workers’ compensation claim but here I have …
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The Virginia Life Expectancy Table
Posted by Injured Workers Law Firm | Settlement, Workers' Compensation Benefits
The Virginia Workers Compensation Commission uses the Life Expectancy Table for the estimation of future medical benefits. If you are familiar with my blog, you know that settlement values are based, in part, on the value of future medical needs. Virginia Code Section 8.01-419 is where you will find the tables for life expectancy. Right now, men …
Frequently Asked Questions about Structured Settlements
Posted by Injured Workers Law Firm | Settlement
Generally, I am not a fan of structured settlements since it means that an injured worker’s settlement funds are restricted by an annuity. If and when circumstances change, the annuity does not change with the circumstances. In workers compensation settlements, unlike personal injury settlements, you can’t sell your structured settlement. It is part of an …
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Why Should I Consider a Structured Settlement?
Posted by Injured Workers Law Firm | Settlement
Why consider a structured settlement? A structured settlement gives an injured worker the unique ability to design payments tailored for his or her long term needs. Structured settlement payments can accommodate family needs, such as a child’s education. Or, it can be an important role in helping parties to come to an agreed settlement of …
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What is a Structured Settlement?
Posted by Injured Workers Law Firm | Settlement
In simple terms, a structured settlement is a financial tool for injured workers when they settle their workers compensation claim. They choose a structured settlement instead of taking one lump sum payment. Regular payments are then made over a specified frequency and period of time to match your future needs and goals. Financial advantages include: Guaranteed payments …
Beware of Phony Time Limits
Posted by Injured Workers Law Firm | Settlement, Workers' Compensation Benefits
“Help, my adjuster called and offered me a settlement and she said I have to respond to her by tomorrow or she’ll close my case!” I get calls like this from injured workers all the time. The injured worker is panicked because they don’t know if it is a fair settlement offer (most of the …
What is a Functional Capacity Exam?
Posted by Michele Lewane | Returning To Work, Workers' Compensation Benefits, Working With A Doctor, Working With The Adjuster/Nurse Case Manager
In some Virginia Workers’ Compensation claim, when appropriate, you may be sent for a Functional Capacity Exam. Not every injured worker will need an FCE but if your doctor or if the insurance company has mentioned this term on, you need to read the rest of this post – and make sure you consult a …
I Just Had My Functional Capacity Exam, Is My Claim Over?
Posted by Michele Lewane | Returning To Work, Workers' Compensation Benefits, Working With A Doctor, Working With The Adjuster/Nurse Case Manager
Not at all! The Functional Capacity Exam (FCE) is an exam where a physical therapist has you do a series of movements and measures your strength and range of motion. This usually means that you have reached a medical plateau and the doctor does not expect any more significant improvement. This DOES NOT mean that …
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Failed Back Surgery Syndrome
Posted by Michele Lewane | Types of Injuries and Illnesses, Working With A Doctor
The sad truth is that surgery is not a 100% guarantee to a full recovery after a back injury. Sometimes, injured workers have surgery and don’t get any relief from their pain and/or their physical limitations. Sometimes, they get even worse! It is very sad but medicine is not always an exact science, especially when …
What is Your Average Weekly Wage?
Posted by Michele Lewane | Returning To Work, Workers' Compensation Benefits
People who get injured at work and are receiving workers’ compensation benefits are paid based on their pre-injury gross (pre-tax) average weekly wage (AWW). This is the legal term for the average gross wages earned 52 weeks (1 year prior) to the injury. So, if you were injured on April 30, 2013, your pre-injury gross …