I was injured at work. I reported it and was told I had to see one of their doctors. It wasn't until the following Tuesday I was told they had scheduled me an appointment, but also, their insurance had denied my claim, I went to a doctor and wa...
In Virginia it is not unusual for the insurer to send you to a doctor and then later deny the claim. If your claim has been denied, then as Mr. Sweeny says (1) you file a claim for lost time and medical coverage with the Virgina Workers Compensation Commission; (2) you will need a report from a doctor documenting your injury, that it occurred at work and that it resulted in disability; (3) you can use the form provided by the Commission called the Attending Physician Report; and (4) since the claim has been denied you can to any doctor under your health insurance or you can self-pay.
You need to consult with an experienced Virginia workers' compensation lawyer. Use the Lawyer Find tool here at AVVO to find the best lawyers for this problem.See question
I was born with a progressive (EDMD) emery Dreyfus muscular dystrophy. At the Time I was awarded disability I was 22 and had worked small jobs so was only awarded around six hundred a month. Now I'm 33 and have learned that a person that is bo...
An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a "child's" benefit because it is paid on a parent's Social Security earnings record.
The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.
The above is the Rule. Thus, you can only collect disabled child benefits if you were disabled before age 22 AND your parent is deceased or receiving SS retirement or disability benefits. Even though your mother makes $100,000 you don't draw from her benefits if she is not receiving any SS.See question
Kaiser Permanente is my provider, I have been suffering with stomach pains and went to primary care Dr and followed all Dr recommendations. As symptoms got worse I needed referrals, which took 2-3 days for them to respond to. I kept calling statin...
If this is a Virginia Workers' Compensation claim, then you can contact the Virginia Workers' Commission but if you have your medical procedure scheduled for mid-August I don't know if the Commission can make something happen any further. I don't see any claim for damages.See question
I lost my workers' comp hearing and yelled at my lawyer because I was upset. Now he won't appeal my case to all three commissioners because of our argument. Doesn't he have to?
Mr. Sweeny is correct. In Virginia you have 30'days from the date of the Deputy Commissioner decision to ask for a Review of that decision by the Three Commissioners. Your attorney has no obligation to represent you further. You are free to have the decision reviewed by another attorney. It can be very difficult to overturn a Deputy Commissoner decision especially if the Deputy Commissioner made a "credibility" decision against you.See question
Have already been denied once, appeal has been done. Commonwealth of Virginia has declared me legally 100% disabled.
There are a number of Social Security Disability attorneys in your area. You can use the AVVO attorney finder or your can use other sources. Even though the Commonwealth says you are disabled that is not necessarily binding on Social Security. All that Social Security has to do is give some deference to a finding of disability by other agencies. I am located in the Richmond area if that is convenient for you.See question
My workers' comp lawyer did not front the cost and pay for a questionnaire from my treating physician because he was worried it would not be supportive. I didn't have the money for it. Should I file a grievance?
The standard attorney fee agreement requires the client to pay costs. Your attorney could choose to "advance" costs but unless your contract says different he/she is not required to do so. You indicate your attorney refused to advance costs in your case because the attorney did not feel the doctor would be "supportive" in your case. The attorney is not required to take this gamble. If the attorney gave you the opportunity and you refused then that is your choice.See question
every time I call the adjuster says she has not got to it yet. I have been out of work for 10 weeks with out pay. what should I do?
The key is has a doctor taken you out of work. If the doctor has you on light duty, you may need to do a light duty job search. Contact an experienced workers compensation lawyer for further advice. As others have said, file a claim with the Commission with your medical records "taking you out of work for this injury" immediately.See question
My employer has filed an application requesting a hearing, based in evidence I have provided, the commissioner rejected their application and directed that they reinstate my weekly benefits and also backpay me. The commissioner ordered this be don...
Rejection of an Employer's Application for a a Hearing is a decision. The insurer in Virginia has 30 days to appeal this. The penalty period is then 14 days. Thus, the insurer has 44 days to reinstate compensation. However, if there is no appeal, the insurer will "usually" pay back benefits within a week. If there is an appeal, then you would have to wait until the outcome of that appeal which can take months. Contact an experienced workers compensation lawyer for further advice.See question
I was told by the assistant store manager that because I was a temporary cashier I wasn't taught proper safety procedures. I was injured when I was assisting a customer with 12 cases of floor tiles when I pulled the cart all the tiles flew out and...
You should file a claim for your injury with the Virginia Workers Compensation Commission. Call 1-877-664-2566 for information on how to do this. In Virginia, you have to miss more than seven (7) days in order to be compensated for lost time due to an injury at work. if your injury was "only" bruising and swelling and you have no ongoing problem, then your claim would not be significant enough to warrant hiring an attorney. However, if there is an ongoing problem, then you should seek the services of an experienced WC lawyer. Otherwise, you should file a claim as outlined above.See question
If the workers comp commissioner has ordered the insurance carrier to back pay me, and also continue with weekly benefits, how long does this process usually take?!
It can take as long as 44 days. There is a 30 day appeal period and then a 14 day penalty period. However, if there is no appeal, the insurer usually pays within a week.See question