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Yes, sort of.  You are supposed to be provided a list (also called a “panel”) of three doctors to choose from after your injury.  In my experience, I have seen employers and insurance companies often “guide” injured workers to doctors they like rather than offer them a choice.  In cases like that, once you’ve begun treating with the doctor they chose for you, it can be difficult to get switched to a doctor of your choice because the original doctor has now become the “treating physician.” If you’ve been getting medical care for your work-related injury from a “bone & joint” doctor (orthopedic) or other doctor, and that doctor refers you to another specialist (like a “pain” doctor), you get to choose which doctor to go to next.  DO NOT LET THE INSURANCE ADJUSTER OR CASE NURSE CHOOSE FOR YOU.  You get to choose from a list of three doctors/treatment providers.  This list should be provided to you by the workers’ comp insurance company.  Insurance companies rarely tell injured workers’ that they have a right to choose from a panel of doctors or treatment providers. Remember, the insurance company is in business to make money.  They make less money when they have to pay for medical care for injured workers.  It is in their interest to “guide” injured workers’ to doctors that cost them less money.  This is not to say that all doctors recommended by the workers’ comp insurance company are “working for them” as many of my clients say.  Some of them are fine doctors that truly do their best for their patients.  Just remember, you have a right to a choice by law in Virginia. As an example, I know from recent, direct experience of a case where an injured worker received care from the same orthopedic doctor for over two and a half years (23 visits to this doctor).  This doctor was very helpful to this worker and the worker continued to receive wage and medical benefits as required by law.  The doctor decided the injured worker needed pain management and told his staff to put that in his medical notes.  The case nurse assigned by the insurance company talked to his staff and told them the name of a specific pain management doctor to put in the notes.  They did. The injured worker was then directed to this specific pain management doctor for “treatment.”  After one visit with this doctor, the injured worker was told that his pain was not work related and was released to work, full duty.  This doctor did not provide treatment at all and simply left the injured worker out in the cold. This and other horrible scenarios are common in the world of workers’ comp. Remember, get quality legal help soon after you are injured.

Have you been ghosted by an insurance adjuster? Not getting a return call? Who ya gonna call? The Insurance Adjuster Ghostbuster! Also known as your workers’ comp lawyer. Ok, but, seriously.  If you have an injury and are relying on an insurance adjuster to help you, it can be a very frustrating experience.  To the insurance adjuster, making sure your medical treatment is covered, your mileage is paid, and your comp wage check shows up, is often not their top priority.  Unfortunately, it is often necessary to contact the Virginia Workers’ Compensation Commission and demand a hearing before a judge in order to get the insurance adjuster to respond.  A workers’ comp judge, also known as a Deputy Commissioner, has the authority to order the insurance adjuster to comply with the law.  The insurance adjuster can be penalized if they do not. You can try this on your own, or you can call an experienced workers’ compensation attorney to help you get un-ghosted…. The statements contained here are for general information purposes only. This information is not specific legal advice to your situation. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice. To learn more about the Law Office of Darren Shoen and its services, visit shoenlaw.com. For more information on Virginia laws: vwc.state.va.us shoenlaw.com

Do not be discouraged if you have been told by a workers’ comp claims adjuster that your “case is closed.”  The truth is, they may consider your case closed, but the law says otherwise.  If you have a medical award in Virginia (check with the Virginia Workers’ Compensation Commission in Richmond if you are not sure), your case is not closed unless you previously settled your case.  You do not need to “re-open” your case because IT WAS NEVER CLOSED!  Just because some adjuster “closed your file” does not mean you do not have a lifetime medical award anymore. Many times, injured workers may go several months or longer without receiving medical care for their injuries.  This does not mean that your case is closed. You have a right to continued treatment.  While it is best to contact an experienced workers’ compensation lawyer for help in fighting back, you can reach out to the Virginia Workers’ Compensation Commission in Richmond by website at https://workcomp.virginia.gov/, or by phone at 877-664-2566.  Tell them you want a court hearing. Put it in writing. Get your past medical records and send them in.  Don’t stop fighting.  There’s a saying I like to pass on to my clients, “the squeaky wheel gets the grease!”  Be the squeaky wheel… The statements contained here are for general information purposes only. This information is not specific legal advice to your situation. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice. To learn more about the Law Office of Darren Shoen and its services, visit shoenlaw.com. For more information on Virginia laws: vwc.state.va.us shoenlaw.com

Workers’ comp wage loss checks in Virginia are not taxable income.  Your workers’ comp payment is supposed to be 2/3 of your average weekly (gross) wages.  This amount is generally calculated based on the 52-week period before your injury.  The simplest way to put it is to add up your pay from the last year (assuming you worked at least 1 year for the same employer) and divide it by 52 weeks.  That should give you your average weekly wage.  Since this amount represents your pay before taxes, your comp check is 2/3 of the average weekly wage.  In other words, it should be close to what you used to get after taxes. For instance, let’s say you got hurt on January 1, 2023, and are out of work because of your injury.  Let’s also say you worked for MegaCorp for all of 2022, and you made a gross pay of $900 per week.  This amount would include bonuses and certain “perqs” that may count towards your total compensation.  You probably took home around $600 weekly after the government got its cut.  Your workers’ comp check should be $600 weekly.  This is why your workers’ comp check is not taxed…..because, in a sense, you already paid the tax by only getting 2/3 of your gross pay. The same is true if you settle your workers’ comp claim. Workers’ comp settlements are not taxed. As for Social Security Disability benefits, a different set of rules apply.  They can be taxed in some situations.  That would be the subject of another blog post….. The statements contained here are for general information purposes only. This information is not specific legal advice to your situation. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

If you are trying to negotiate a settlement of your workers' comp claim on your own, you might be concerned they aren't offering you enough money. You might be asking yourself, "why don't I get more money for my pain and suffering?" Your concern that they are not offering you enough money is understandable. The insurance carrier is always going to try to save money. That's their job. Regardless of their endless advertisements to the contrary, they are not "on your side" or "like a good neighbor" and you are probably not "in good hands" when you are dealing with them. They are probably not actual farmers either. However, while the workers' comp insurance carrier is responsible for treating you for any medical conditions related to your work injury, they do not have to pay you for your pain and suffering. Workers' compensation claims are different from personal injury claims. If you have suffered an injury due to the negligence of another person, you might be able to recover payment for your pain and suffering. Workers' compensation settlements are based on what the carrier believes their medical and wage payments towards your claim will be going forward. If they settle, it is based on the hope that they will save money in the long run. Be careful when negotiating with an insurance carrier without the assistance of a skilled workers' compensation lawyer. The insurance carrier has experience and expertise that you do not have, and they are not acting in your best interests. The statements contained herein are for general information purposes only. This is NOT to be considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure the client's confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

Have you been offered a settlement of your workers' compensation claim? Are you wondering if it's possible to receive one? What exactly is a workers' compensation settlement? A settlement of your claim can mean different things. Some workers mistakenly think they have settled their claim when paying for permanent partial disability (PPD). Not true. If you have a lifetime medical award or are on a wage award, your claim remains open. In other situations, the insurance adjuster or case nurse may say they have "closed their file," leading the injured worker to believe there is nothing more they can do. False. Suppose you have an Award Order from the Virginia Workers' Compensation Commission. Your case will likely open unless you agree to a full and final settlement, which closes your claim regardless of what the insurance carrier says. A complete and final settlement is usually a situation where you receive an agreed-upon amount of money in exchange for closing out your workers' compensation claim. If it is a complete and full settlement of your medical award and wage award, your case is over after the final payment. In this scenario, you would no longer be eligible for any medical or wage benefits from the insurance carrier even if you have a "Lifetime Medical Award." In some instances, just the "wage" part of the award is settled separately from a medical award. The injured worker would still be eligible for medical benefits and expenses related thereto. Most injured workers do not know how much compensation they should get in exchange for settling their claim. If they do not have an experienced, knowledgeable attorney helping them, they are at the mercy of the goodwill of the insurance carrier. No matter how nice the insurance adjuster may seem, you can rest assured they are not looking out for the injured worker's interests. Their goal is to save money. A fair settlement should consider the severity of the injury, future medical costs, the number of wages the worker is eligible for, how long they might receive wage benefits, and other potential future costs for which the carrier might be responsible. Unfortunately, injured workers are not entitled to money for pain and suffering as they might be in a personal injury case. Personal injury settlements and workers' compensation settlements are different and have various factors. The statements contained herein are for general information purposes only. This information is not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

Regardless of your beliefs about the vaccine, it is undisputed that many workers are anxious, concerned, and worried about the vaccine mandates that are being imposed on government workers and many employers. How does this affect workers' comp? If an employer orders its employees to get a vaccine, and a worker has a bad reaction to the vaccine or misses work due to sickness caused by the vaccine, the worker could file a claim for workers' compensation benefits. The order to get vaccinated is mandatory, so the employer and their workers' compensation carrier could be compelled to cover all medical costs related to any illness or sickness related to the vaccine injection. If someone experiences side effects from the required vaccine, the side effects could be considered to have arisen out of the employment at the direction of the employer, and therefore may be covered by workers' compensation. New developments in the law related to COVID-19 and vaccines are occurring at a very rapid pace. As the vaccine becomes required in more places, it remains to be seen how workers' compensation cases will be affected. The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation, as Mr. Shoen would need to meet with you individually to ensure client confidentiality. He would also need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

If you are on Medicare but still in the workforce, it's essential to know what to do if you are injured on the job. If you have a work-related accident, there may be confusion about how you will pay your medical bills. Does Medicare pay, or does your employer's workers' comp insurance pay? The answer is not an easy one. If you get hurt at work, and the workers' comp insurance carrier accepts the claim as a covered work injury, they should pay for all reasonable, necessary, and related medical care. However, what often happens is that Medicare receives the bill from the medical provider and the comp carrier ends up not providing payment for medical services. Medicare, unless they are aware that it is a workers' comp-covered accident, will continue to pay for treatment. This does not always end well for the injured worker. Workers' comp carriers often settle cases with injured workers without reimbursing Medicare. Medicare can then pursue repayment directly from the injured worker. This can result in thousands of dollars in medical debt to the injured worker. If you get hurt on the job and are on Medicare, make sure you notify Medicare that the injury happened at work. You should file a workers' compensation claim (assuming you are pursuing a compensation claim.) Medicare may make "conditional payments" while the case is pending. If you pursue the workers' comp claim and do not prevail, Medicare would likely still be responsible for providing medical care. If you settle the claim, it is vital to resolve any medical payments made by Medicare before settling your claim. These situations can be very complex. Injured workers should seek legal advice before proceeding too far into the world of Medicare reimbursement. The statements contained herein are for general information purposes and not considered specific legal advice to your situation, as Mr. Shoen would need to meet with you individually to ensure client confidentiality. He would also require additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

If you contracted Covid-19 and are a healthcare worker or a first responder, you might be eligible for coverage under your employer's workers' compensation insurance. The Virginia Legislature passed a law making it easier for frontline workers to file Covid-19 as a work-related condition. Section 65.2-402.1 of the Code of Virginia states as follows: B.1. COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any health care provider, as defined in 8.01-581.1, who as part of the provider's employment is directly involved in diagnosing or treating persons known or suspected to have COVID-19, shall be presumed to be an occupational disease that is covered by this title unless such presumptions are overcome by a preponderance of competent evidence to the contrary. The new statute goes on to provide the same protections for the following: B.2. COVID-19 causing the death of, or any health condition or impairment resulting in total or partial disability of, any (i) firefighter, as defined in 65.2-102; (ii) law-enforcement officer, as defined in 9.1-101; (iii) correctional officer, as defined in 53.1-1; or (iv) regional jail officer shall be presumed to be an occupational disease, suffered in the line of duty, as applicable, that is covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. This update does not mean that all cases of Covid are covered by workers' compensation but makes proving a claim easier. Insurance carriers have stated that they will likely challenge this new law as unconstitutional, but the Supreme Court of Virginia has not addressed this issue. Many cases have resulted in a compromise settlement and complete resolution of the claim. Do not hesitate to seek experienced, sound legal advice if you wish to pursue a workers' compensation claim for Covid-19. These statements are for general information purposes only and are not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice.

Are you getting the run-around from the workers' comp insurance adjuster for a work-related injury? Frustrating, isn't it? Darren Shoen with the Law Office of Darren Shoen is a lawyer for injured workers in Virginia and knows exactly what you need to do. Here are some practical tips. 1) Immediately, notify your employer of your injury and file a claim with the state agency. In Virginia, you can file a claim for benefits with the Virginia Workers' Compensation Commission based in Richmond online, by phone, or by mail. If you do not file soon, you may be forever prevented from getting benefits. 2) Get medical care after the accident, even if your claim has been denied or you do not have insurance. Remember to tell the doctor, assistant, or nurse about all of your pains, injuries, etc. It's vital to have medical records documenting your injuries to receive law protection. 3) Get legal help right away. Find an experienced, knowledgeable attorney and meet with them. Consultations are often free of charge. Do not worry about upsetting the insurance company or your employer. You must protect yourself. Who else will? These are some of the basics to remember if you've been hurt at work. Keep in mind that everyone's case is different, and details may vary. However, these steps are a good place to start if you or a loved one find yourself in this situation. The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

If you have filed a claim for benefits in the Virginia Workers' Compensation Commission, you may very well end up in a court-type hearing. You will likely face a lawyer for the insurance company experienced in appearing in court and handling workers' compensation claims at this hearing. Most hearings are scheduled for only 30 minutes, within which both sides are allowed to present their case by way of testimony, records, and other evidence. Often, this is not nearly enough time to fully explain your claim, and the insurance lawyer has a strong advantage in that they do this for a living and are well-skilled in "trying a case." Your claim is decided based upon the evidence presented in court. The judge is not supposed to "speculate" or consider evidence not presented. The regular rules of evidence are not as strictly enforced as a criminal trial or civil trial, but they still apply in many situations. It is more than likely that most injured workers are not familiar with the Rules of Evidence, which can be fatal to your whole claim, even if you believe it is "obvious" that you should win. Having a skilled, experienced workers' compensation lawyer on your side at a hearing can make a massive difference in your claim's outcome. You need someone that knows "the system" and how to present evidence at a hearing. Not doing so may permanently prevent you from getting much needed medical and financial help through workers' compensation benefits. If you have a claim, call an experienced workers' compensation lawyer as soon as you can. The statements contained herein are for general information purposes only. They are not considered specific legal advice to your situation. Mr. Shoen would need to meet with you individually to ensure client confidentiality and need additional information not provided. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

Have you been offered a settlement of your workers' compensation claim? If so, or if you're wondering how to receive a settlement, here is a breakdown of Virginia workers' compensation settlement process. A "settlement" of your claim can mean many things. Some workers mistakenly think when they receive payment towards permanent partial disability (PPD), they have settled their claim and it is over. Not true. If you have a lifetime medical award or are on a wage award, your claim is still open. In other situations, the insurance adjuster or case nurse may say they have "closed their file," and lead the injured worker to believe there is nothing they can do. This is also false. If you have an Award Order from the Virginia Workers' Compensation Commission, your case is likely open unless you agreed to a full and final settlement, which closes your claim regardless of what the insurance carrier says. A full and final settlement is usually a situation where you receive an agreed upon amount of money in exchange for closing your workers' compensation claim. If it is a complete and full settlement of your medical award and wage award, your case is over after the settlement is finalized. In this case, you are no longer eligible for any medical or wage benefits from the insurance carrier even if you have a "Lifetime Medical Award." In some instances, the "wage" part of the award is settled separately from a medical award. In this situation, the injured worker is still be eligible for related medical benefits and expenses related thereto. Most injured workers' do not know how much compensation they should get in exchange for settling their claim. If they do not have an experienced, knowledgeable attorney helping them, they are at the mercy of the "good will" of the insurance carrier. No matter how nice the insurance adjuster may seem, you can rest assured they do not have the injured worker's interest at heart. A fair settlement should consider the severity of the injury and future medical costs, the amount of wages the worker is eligible for and how long they might receive wage benefits, and other potential future costs for which the carrier might be responsible. Unfortunately, injured workers are not entitled to money for "pain and suffering" as they might be in a personal injury case. Personal injury settlements and workers' compensation settlements are different and take into account different factors. The statements contained herein are for general information purposes only and are not considered specific legal advice to your situation as Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.