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Daniel Peter Barrera
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Daniel Barrera’s Answers

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  • I have gotten injury on March 30 2009 I fall on wet floors no signs up

    I had lower back surgery 2009 Due to bulding disk I just started pt again due to muscle are very weak and in serve pain all the time the dr has me on low dose of pain meds I have been very depress n anxiety since i got hurt I have always been in g...

    Daniel’s Answer

    If the accident happened in 2009, it's too late to file a claim because you only have 2 years to file a workers compensation claim in Virginia. It's also too late top file a third party lawsuit if some other company caused your fall. You really need a lawyer.

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  • How to I determine if a Virginia Worker's Compensation Insurance settlement offer is fair?

    I suffered a work injury six years ago which required two surgeries to fuse my lower back. I was able to return to work (barely) just long enough to make it to full retirement six months ago. After I retired the insurance company started making of...

    Daniel’s Answer

    It all depends on how much they're offering., and what you will have to give up. I would be glad to speak with you. I handles these cases daily. 703-955-4007

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  • Can I sue Virginia Workers Comp. or Insurance carrier for negligence?

    I was awarded lifetime medical benefits. For over eight years the insurance carrier paid all my bills, including five major surgeries. Then the ins. carrier retained a new lawyer. Since that time, every medical treatment requested by my treating ...

    Daniel’s Answer

    You need a lawyer. You cannot sue the Commission or the insurance carrier for negligence. You can get attorney fees assessed against the carrier if treatment is authorized by the Commission and the carrier still refuses to authorize. You need to take the case to a hearing, but before you do that, you need to speak with a good Workers Comp Lawyer. My office is in Alexandria. I know for a fact that there are Workers Comp lawyers in Tappahanock. Good Luck.

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  • How do you answer questions about criminal charges if the case is expunged?

    Criminal Charges

    Daniel’s Answer

    If your criminal charges have actually been expunged, then there is no record of any charge or conviction. The purpose of the expungement is to allow you to answer that you have no criminal record. Hope this helps.

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  • My husband was injured when the airbags in the 2000 Jeep Grand Cherokee he was driving didn't go off. We need some advice for a

    good lawyer willing to take the case. Va lawyers want take it.

    Daniel’s Answer

    Air bag deployment is determined by where the impact occurred. If it was a side impact, the airbags, may not go off. Perhaps you should discuss this with an injury lawyer. They will gladly speak with you for free.

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  • My employer accused me of filing fraudulent workers comp claim. Is this legal?

    I work for a juvenile correctional facility where there are many physical altercations. I was involved in one whereby I injured my knee, jaw and wrist. My superior said "You know filing false workers compensation claims is a class 8 felony, don'...

    Daniel’s Answer

    If you were injured at work, you have a right to file a workers compensation claim. If you work in juvenile detention there would likely be a video of the incident. The video might make a believer of your supervisor. Sounds Like you need a lawyer.

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  • Question about workers comp settlement.

    I am 43 years old. I injured my shoulder on the job in Sept 2011. I was sent for physically therapy first and then finally had surgery in May 2012 to repair a torn labrum. I continued in physical therapy until Jan 2013 at which time I reached MMI...

    Daniel’s Answer

    It will be close to impossible for any lawyer to evaluate the settlement value without knowing your compensation rate. Additionally, it would be helpful to know whether you have been able to go back to work with your restrictions and whether your restrictions are permanent. All Comp lawyers will speak with you for free. In just a few minutes, I would be able to provide you with an idea of what your case is worth. Give me a call. Good Luck.

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  • What happens if I don't go to a worker's compensation pre-trial?

    My mom has been summoned to a worker's comp pre-trial. She doesn't have a lawyer. The petition for review to the Industrial Action Board (DE) has "failure to sign agreement(s) / receipt(s)." I'm trying to help her but I don't understand what th...

    Daniel’s Answer

    If you're willing to lose your case at this stage of the game, don't bother going. A better idea would be to speak with a lawyer and stop trying to be your own lawyer. The insurance company has a lawyer, you should too.

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  • Companys offer of settlement on back injury, should I take or not?

    Surgery 5 monts ago, back to work now,was awarded lifetime benefits on back, Co offered $12,000 to settle. Would I lose lifetime benefits, and also if I reinjuried my back could I open a new claim?

    Daniel’s Answer

    If you settle, you will lose your lifetime medical benefit. If you re-injure your back, it would likely not be covered. Whether the Insurance company is paying you enough depends on
    1. What kind of surgery you had done;
    2. What kind of medical needs you will have in the future;
    3. How much is your weekly compensation rate, and
    3. What is the risk that your doctor puts you back on temporary total disability.

    There is no permanent partial disability to the back in Virginia. My advise to most people who speak with me is that if you think you are going to have a permanent injury, then you are well advised to personally speak with a lawyer.

    Good luck,

    Daniel Barrera, Esq.
    Alexandria, Virginia
    www.barreralawfirm.com

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  • Can I offer a settlement now and will I ever loose medical benefits for the shoulder injury?

    I injured my shoulder at work back in Dec. 2004. I had 2 surgeries for tears in the rotator cuff and still have at least 1 tear too small for surgical repair. The Dr. has declaired that I have a 9% partial totat perminant disability in that arm. I...

    Daniel’s Answer

    It will be difficult to settle your case as you are receiving SSD. You should speak with a lawyer as your receipt of Social security disability complicates the process. You might just have to settle for your PPD to your arm, and leave your medicals open. Unfortunately you cannot receive your PPD and your weekly comp. during the same week.

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