If I was to resign from my job would I still be eligible for a lump s settlement even though the job says they have light duty ?
Michele's answer
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Answered on January 12, 2025
If you resign, then you are losing the potential of future lost wages which lowers the value of settlement. The ideal situation is to make the...
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What should I do if I am released for work and I am still on crutches and pain med? What if I can't do that job?
Michele's answer
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Answered on November 10, 2017
Every state's workers comp laws are different, but this happens frequently in Virginia. Under Virginia law, you MUST try the job. Being on pain...
Archived
Are Mental Health Staff required to wear protective gear to prevent injury from bites?
Michele's answer
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Answered on November 10, 2017
This is a Health Care law and Employment law issue not a workers comp issue. It depends what the policies and procedures that the employer required...
Archived
What type of attorney handles overturning a final settlement on a Workmans Comp Case?
Michele's answer
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Answered on November 10, 2017
You would contact a workers compensation lawyer in your area to see if the time to withdraw from the settlement has expired or not.
Archived
Can I get more compensation if my injury will get worse with time? It was my company's fault
Michele's answer
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Answered on September 11, 2017
Unfortunately no. However, in addition to medical benefits and lost wages, you are entitled to "permanent partial disability benefits". Your...
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Is it legal for employers to contact you in regards of work while on medical leave? Do I have a case of discrimination/ADA
Michele's answer
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Answered on December 07, 2016
Since no one has answered, I will attempt to help you. I am a Virginia lawyer and every state has different employment laws. In Virginia, the...
Archived
Can I receive SSD back pay, been on worker compensation periodic pay for 6yrs .
Michele's answer
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Answered on December 07, 2016
From a workers compensation perspective, it is a huge mess. Your workers comp benefits are tax free. Social Security Disability is taxable. Social...
Can I get in trouble for calling out of light duty assignment for pain from workers comp injury?
Michele's answer
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Answered on August 08, 2016
You are in a serious situation. You can be fired immediately for the no show( not once this case is over). You MUST have a doctor take you out of...
Archived
I have a new employee who injured himself on his own time and did not sign up for benefits. Can he file for unemployment?
Michele's answer
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Answered on August 08, 2016
He has to be hurt at work to receive workers comp benefits. Remember the FMLA rules as well. After 12 weeks of unpaid leave, you are not required...
Archived
I was diagnosed with carpel tunnel and golfer's elbow so far. Do I have a WC case in VA?
Michele's answer
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Answered on August 08, 2016
If you were hurt by a specific immediate injury at work, yes. Carpel Tunnel syndrome can also be covered as an ordinary disease of life under very...
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