Michele Susan Lewane's Answers

I had surgery on back earlier this year was on short term and I came back and i fell at work and hurt my back. was was suspened

You may need a Workers Comp lawyer for your injury and you need a labor lawyer to deal with your suspension. I only handle Workers Comp. You need to immediately file a Claim for Benefits with the Virginia Workers Compensation Commission.You can do this online at their website. You can also get more information by ordering the book I wrote about Workers Comp in Virginia at workaccidentbook.com.If your claim is denied, you will need a workers comp attorney to assist you. You may still want to...

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Can I be fired while I am still actively on workers compensation and my doctors has declared me disabled for my injury?

I am a Virginia Workers Comp atty. In Virginia, they do not have to keep your position open. If the Dr. has you totally out of work, they will have to pay you , your weekly check for 500 weeks9 9 1/2 years). If the Dr. puts you on light duty , they will continue to pay you the weekly check or they could find you a job of the same pay or lesser pay and pay you the difference. If the Dr. releases you to full duty, then the checks stop and there is no retraining. The most important thing is to...

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Immigration

You had this under workers compensation and it needs to be with immigration so I changed the practice area for you.

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Collect unrmployment after workers comp

This is not a Workers Comp issue, but an employment issue. I reccomend that you post this under Labor Law.

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Can I sue my job for hardship since im on workers comp and i wasnt recieveing my pay on time?

I strongly recommend hiring a workers compensation attorney. If you are under an award order, then if the check is more than 14 days late, there is a late payment penalty of 20%. So if you weekly check is $100 and they are more than two weeks late, you would get an additional $20. Most likely at the beginning of your case you were not under an award order but you may be under one at this point it would be helpful for the 20% late payment company while the adjuster was on vacation. With regards...

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My employer claims my injury didn't occur in the course and scope of my employment and that i didn't write a written notice?

"Ignorance of the law is no excuse for breaking the law". Not sure if you have heard this saying before, but this is how life works.In Virginia, the injured worker has to prove everything and the employer has no obligation to inform an employee of his workers comp rights.Talk to a Nevada attorney asap. " in the course and scope of your employment" is a legal term and does not necessarily relate to whether you were clocked in or not. For example, in Virginia if you were drunk when you got hurt,...

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I recieved a supeona which has my name misspelled, a check which also my name is wrong. Do I legally have to appear?

It depends on the particular judge hearing the case. A strict judge may show cause you and fine you . A lenient judge may not care. The atty who thought it was essential for you to appear may request a continuance and subpeona you again. I personally don't like taking these kinds of risks, but to be safe you need to talk to a WC lawyer in your state who has knowledge of the hearing officers.

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I would like to file the I-601 for my husband who entered the US without inspection. will tax filing status affect the papers?

This question was posted under Workers Compensation. I would repost this question under immigration to get the best chance at a bunch of lawyers answering the question.

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Workers comp question in va

Regarding mileage- the adjuster has a "reasonable time" to reimburse you. As, Daniel said, you can file a request with the Commission. I generally try to fill out the mileage forms so there is no work for the adjuster and is easy for her to do. For example, printing out the mapquest proof of the mileage. Regarding your weekly check, usually with accepted claims , your check is automated. You get it automatically cut via their computer system. The adjuster is not aware of what is going on. So,...

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

You can settle your case but it is complicated in that you are on Social Security and Medicare( they both want a piece of the settlement). The value of your claim is how much of the 500 weeks do you have left, what is your comp rate and how much the insurance co. is going to have to pay for future medical care. Have a lawyer look at all of your prior medicals to see if there is a way to increase the value of your settlement. Remember if you settle , you give up all of your Worker's comp...