I'm person we disability fisico a mental I got fire for this the fact I have lose confidence in ability to do you job
Can you please try to restate your legal question, so that one of the AVVO attorneys could give you some guidance. We cannot help if we don't understand your issue and question.
And returned me to full duty, no limitations, inspire of continued pain, leg weakness and burning, saying MRI is no worse than it was in Feb....what are my rights and how do I proceed? I was in the ER 2 weeks ago
More detail is going to be required to give you good guidance on how to proceed. I can tell from your question, however, that the battle is about to begin (again) on your Worker's Compensation case. You should find a claimant's Virginia workers' Compensation lawyer to help you. The fact that you have an award for medical benefits " for so long as is necessary," is a good first start. But you should have an attorney look at that award, to make sure it is correct, covering all your body parts that were injured in the work accident (and providing for any lost time that you may have incurred.). The fact that you MAY have, in the opinion of your doctor, "reached MMI" does not mean that you do not need additional medical treatment. Rather, MMI means only that it is unlikely that your condition will improve beyond the current level. And please remember MMI is NOT the same as being released to full duty. These are highly technical issues, and frequently a lawyer can help you ask the right questions of your doctor or educate your doctor about what full duty means in your particular case. That phrase is highly sensitive to the kind of job you performed, before you got injured. Please take a moment to speak to a Virginia Worker's Compensation attorney who handles claimants cases. Often, the initial consult with claimant's lawyers, who spend every day fighting for people in your situation, is free for the initial consult. Call around, you can use AVVO's lawyer locator tool, to find a lawyer to help you.
Please do not wait. The Virginia Worker's Compensation act has strict deadlines, to reopen the claim or to seek additional lost time benefits. Wishing you the best – Charlie
The law offices of Charles W O'Donnell, PC
What if I've been approved for workers comp, filed all paperwork and followed all doctors orders is it legal for my employer to not pay me? If so do I have any legal recourse? I've been injured since August 10 and have not been paid at all.
After practicing Claimant's Virginia workers' compensation for more than 20 years, I am not at all surprised by your question. I am concerned that you have been without payment for this amount of time--- sounds like there is some dispute in your case or someone has dropped the ball at the insurance carrier or with the employer providing the right information. You must have an Award Order issued by the Virginia Workers' Compensation Commission before your can enforce payment of workers compensation benefits. I realize your question says you were approved for workers compensation, but by whom? Did you sign an "Agreement to pay benefits" form? Do you already have an award? If yes, is that award more than 30 days old and has not been appealed? These and a few more crucial questions need to be answered in order to give you a reliable answer. Please take a few moments and call a Virginia workers' compensation lawyer that does claimant's work for an initial consult (typically initial consults are provided free of charge, just ask when you call). Go sit down with a compensation lawyer and get your case secured correctly from the beginning- you will be glad you did. AVVO has a lawyer locator search that will be helpful for you.
Best to you-
The Law Offices of Charles W. O'Donnell
307 East Annandale Road
Falls Church, VA 22042
Lumbar radiculopathy ,ddd reach mmi
I agree with Mr. Lutkenhaus and Mr. Sweeny. The critical issue is if your TTD benefits have been Awarded or are just being paid voluntarily. Based on the way you asked, I strongly suspect that the insurance carrier is starting to play games---- it's time to get a lawyer.
I worked as an aide in a day care center. I tore a tendon in my foot/ankle. I had surgery a year ago on 8/25. I still have a great deal of pain and swelling if I'm on my feet for any long period of time. The only jobs that I've had in the past...
In my over twenty years of representing injured workers' in Virginia, I have seen this situation arise over and over again. While you are only entitled to lost wage (temporary total or temporary partial) benefits during those periods where you are unable to perform the full duty aspects of your pre-injury job, doctors can be pressured by workers compensation insurance carrier's to release an injured worker back to full duty before such a release is appropriate. A Claimant's Virginia Workers' Compensation lawyer can help in many ways- providing counter pressure from insurance company tactics; educating the physician in the true aspects of the pre-injury job; having your file reviewed by another physician; perhaps even facilitating a functional capacity test to be compared, to show your physician what level you test out with as to your currently level of work capacity. You need a lawyer NOW, before before before before you are released to full duty. AVVO has a great lawyer locator tool. You need a Claimant's workers' compensation lawyer. Also: respectfully request a complete copy of your medical file / all records and correspondence, omitting nothing, from each physician who has provided you care since the accident. Keep the records as you have found them from the doctor- no shuffling. And organize all records, forms, letters from the insurance company or workers compensation commission. Frequently providing a copy of all your pay stubs from the entire 12 months before the accident- is also helpful. You may have more issues lurking in your case that need to be fixed -- a lawyer can review the whole matter for you, and if your organized with all your records- you can get excellent advice much quicker. Finally, remember that you need to file a Claim for Benefits within 2 years of your date of accident.... Failure to file a claim within the 2 year period could forever bar your right to benefits... Let a lawyer look over the entire case and give you good guidance. Wishing you the best-
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...
You need to speak with an experienced claimant's workers compensation lawyer- based on your question, it sounds like you have an initial award for lost wages (temporary total or partial disability benefits). Those benefits were likely suspended at the time of filing. The dispute resolution department probably found that the application was "technically defective" or not properly "supported by probable cause." Regretfully, just because the dispute resolution department may have rejected the application, the defendant employer would still have the right to appeal that rejection by the Senior claims examiner. So, "immediately" may not be this week. Also, you can be sure that the defendant employer is not simply going to give up because their application was rejected on a technicality. You really need to call a lawyer who handles claimant's Virginia workers compensation matters and chat with him/her about the alleged basis of the employer's application. Use this opportunity of the application rejection, to prepare yourself for the next round. This is an excellent time to retain counsel, so that you're ready to fight back when they come at you again. Additionally, a little advice now, may prevent you from falling into the many traps insurance companies look for in an active case. If no appeal is filed to the rejection, benefits must be reinstated within 30 days. If you have not received your reinstated benefits within 30 days plus mailing time-- consider being silent and go talk to a lawyer about the possibility of obtaining penalties (20percent) on all amounts more than two weeks in arrears...(If you can tough out the no income scenario till then). Wishing you the best with your future pursuits. CharlieSee question
Herniated disc out of work 8 months
Based on the very limited information you have provided, I strongly suspect that you need to speak with a claimant's workers' compensation attorney first thing Monday. If you have a herniated disc in your back and have been out of work 8 months already, and someone (likely some adjuster) is talking to you about no permanency rating for the back- you need to speak to a lawyer ASAP. I agree with Mr. Sweeny that if the back injury is preventing you from work, you may have a claim for temporary total lost wage benefits. If the back injury is preventing you from full duty and you have secured a light duty job, you may be entitled to temporary partial lost wage benefits; and if you have now sustained permanent partial loss of use / partial impairment to a leg (or legs) derivative of the back injury, you may be able to get awarded permanency benefits for the ratable loss to your leg(s)... But obtaining that rating evidence will require a skilled lawyer working with you, and reviewing your medical records and speaking with your doctors. Please don't try to do this on your own. A herniated disc injury is different that a mere back strain, you will need a long term plan for your future. Use AVVO to locate a great claimant's workers compensation attorney. Please do it ASAP! You will find that there were many other related issues that need to also be discussed/// social security; Medicare; cost of living adjustments. Please do not place confidence in any nurse case manager; vocational counsellor or adjuster--- they have their own jobs, and are not there to advocate for you. Wishing you the best- CharlieSee question
Some push me on the ground
You need to provide a lot more detail in your question for a lawyer to be able to give you general guidance or ideas about your legal issue. Take a look at other questions as an example. For instance: did you sustain injury? Did you need medical treatment? What were the circumstances of the push? Ages of both parties? Do the parties live in the same state? Are you seeking money damages or a restraining order? Background information can be critical in getting the correct guidance. Very generally speaking, lawsuits are initiated in different courthouses based on the background information you provide- in Virginia, smaller claims go to General District Court. If it is a family member involved, Juvenile and Domestic Relations District Court might be the correct place, larger cases get filed in the Circuit Court.
Provide more information, and you will get some guidance- good luck. Charlie
nerve damage to my leg which if treated right wouldn't have been disable Can I suing the workers comp insurance company and the doctor forcing me to go there and I had the wrong medical treating for over a year
I am sorry this has happened to you. First, you should quietly gather up each and every medical record and correspondence the doctor has had with other providers and the insurance company---- don't explain your reason for getting a complete set of your records, except to say that you need them for the workers compensation commission or social security administration. (Because then you avoid records "accidentally" getting lost by the doctor). Then go to a qualified medical malpractice lawyer to have your records reviewed. To prove medical malpractice, you have to show that your doctor breached the standard of care--- and it's not enough that the result turned out poorly, you have to show a deviation for the correct standard of care. Your medical malpractice lawyer will explain- use AVVO to find a highly rated lawyer. It may be far more challenging to sue the workers compensation carrier, because presumably they are relying on the medical expertise of the physician and all they did was pay for the treatment--- the physician was the one who was supposed to be directing the actual medical treatment. It's worth chatting with your medical malpractice lawyer to review the possibility of tortious action involving the carrier, but keep expectations real. Also, because the practice of medicine involves a mix of both art and science, the fact that there maybe be two or more appropriate treatment methods, and your physician chose treatment method A, that left you regretfully with nerve damage, does not mean that he absolutely should have given you treatment method B. Gather your records, and after you have a secure set of records, then you and your attorney can go have another medical expert tell you they there was malpractice or not. Going forward, don't let the Carrier dictate your medical care--- it's too important ---- chat with a workers compensation lawyer about how to manage awarded medical care and how to clamp down on nurse case managers who interfere. Best to you- CharlieSee question
My husband settled a claim a few years ago for permanent partial disability after tearing his rotator cuff at work which required surgical repair. He recently started having more pain and thinks he has re-injured and/or exacerbated the original i...
BEFORE your Husband makes any appointment or even talks about his condition to anyone, please have him call a Claimant's Virginia Workers' Compensation lawyer.... A ten minute call will guide him in the right direction. It will be important to know how "recently" he re-injured and/or exacerbated his condition, and how that happened. Also: he should have any paperwork regarding his compensation case with him when he calls- as Mr. Sweeney rightly pointed out- lawyer will need to know if your husband resolved the claim by a complete settlement or was just paid for his permanency with medicals remaining open. Important time limits apply. Call or email a lawyer today! Best- CharlieSee question