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For most workers, the answer to this question is usually straightforward: "I am an employee." However, there are often situations where an employer tells a worker they are an "independent contractor" and therefore not entitled to receive employer's workers compensation insurance or other employment coverage. Employers do this for one primary reason: they save money. Employers are often surprised to find out their workers are actually employees and entitled to benefits and workers' comp coverage. Employers can be penalized and suffer harsh consequences for misclassifying their employees. If you want to figure out whether you are an employee, ask yourself the following question: "Do I have primary power and control over what I do at work? Or does the person that is paying me have primary power and control over what I do?" If the person paying you has primary power and control, then you are most likely an employee. Here is an example: I have an office and occasionally need upgrades and repairs to my network and computing systems. I hire an outside company to come in and fix the issues. I do not tell them how to do their job. I do not require them to "punch a clock." I do not provide them with any tools, etc. The workers that come to my office and perform this service are independent contractors. If I had them "clock in" every day, gave them an assignment, set their schedules, and told them how to dress, etc., they would be my employees. Just because an employer says you are an independent contractor does not make it so. Contact an experienced, competent employment/workers' comp lawyer to help you if you come across a similar situation or need advice. The statements contained herein are for general information purposes only. They 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.

People get injured on the job every day, but many of them don't know what to do. How do you know if you have a claim or if a lawyer would be interested in hearing your case? Darren Shoen, with the Law offices of Darren Shoen, shares some of his top need-to-know tips. The basics about work-related injuries If you get hurt at work, notify your employer right away. Next, file a claim with the state agency that handles these situations. For people who reside within the state of Virginia, you can file for benefits with the Virginia Workers' Compensation Commission based in Richmond online, by phone, or by email. Do this as soon as possible. Delaying could prevent you from getting your benefits. Get medical care. Tell the doctor, assistant, or nurse about your aches and pains. Get a copy of your medical records, as well. Having documented proof of your injuries will significantly help your case. Seek legal help as soon as possible. Find an experienced, knowledgeable attorney and meet with them. Consultations are often free. Don't worry about upsetting the insurance company or your employer. You must protect yourself. Who else will? Choose your doctor In most cases, after an injury, employers should provide employees with a list, also called a "panel," of three doctors to choose from. However, in his experience, Shoen has seen insurance companies "guide" injured workers to use doctors they like. When this happens, that doctor has become your treating physician, it becomes harder to switch. The same applies if you need follow-up care from an Orthopedic doctor or pain management specialist. Do not let the insurance adjuster or case nurse pick the doctor. You have a right to a choice by law in Virginia. The workers' comp insurance company should provide a list of doctors and treatment providers. Remember to get quality legal help soon after you're injured. Can I get fired because I got hurt? If your employer has worker's compensation insurance, they are not allowed to fire you just because you got hurt and filed a workers' comp claim. However, this situation can get complicated and is another reason you need the advice and guidance of an attorney. An employer can terminate your employment when you have an open workers' compensation claim if their reason for doing so is unrelated to the filing. Employers with workers' compensation insurance should attempt to find a "light duty" job that fits within work restrictions, also known as a "reasonable accommodation." If you are unable to work, the employer has the right to fill a permanent position with a non-disabled person. If your doctor has you on "light duty" restrictions, you may be required to look for "light duty" employment to receive workers' compensation wage benefits. For more guidance on how to comply with job search requirements for works comp, click here. Do I need a lawyer if the insurance company is paying for medical care or paying wages while I'm unable to work? You have rights under the law that insurance companies will not discuss with you. Insurance companies are in the business to make money. For example, if you are on a "lifetime medical award," that award is only valuable if the insurance company honors it. The insurance company knows how to fight against the award in hope that you will give up. Shoen urges you not to give up and speak with an experienced workers' compensation attorney. Why won't workers' comp cover my work injury? The answer depends on your specific situation. However, Shoen suggests not relying on insurance adjusters to make the final decision. If an insurance company denies your claim, that doesn't necessarily mean your claim is denied. The Virginia Workers' Compensation Commission enforces your rights under the law in Virginia (and in every state in the U.S.). This means that you can demand a hearing. Judges make the final decision as to whether the workers' compensation insurance company covers your injury. I don't want to "hurt" my boss by filing workers' comp claims If you get hurt at work, a good employer will help you get the care and compensation you need. Shoen says if your employer makes you feel guilty about getting injured on the job, your loyalty is misplaced. Also, consider that a work injury could be with you for the rest of your life. If you have a spouse, children, or others that need your care, you need a healthy body to provide for yourself and others. I got hurt while traveling out of state for my job. Will workers comp cover this? If you were injured out of state, this doesn't mean workers' comp won't cover you, Shoen explains. If you are a Virginia worker, it doesn't mean you can't file a claim in Virginia. It depends on specific details about your case. It's best to seek the advice of an experienced injured workers' lawyer. 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 client confidentiality and would need additional information not provided in this question. This response does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.

These are some of the basics to remember if you’ve been hurt at work.  Obviously, there is more to know and things can get complicated.  But at least do this…. 1) As soon as possible, notify your employer of your injury and file a claim with the state agency that handles these things.  In Virginia, file a claim for benefits with the Virginia Workers’ Compensation Commission based in Richmond either online, by phone, or by mail.  ( http://vwc.state.va.us/).  If you do not file quickly after you are hurt at work, you might be forever prevented from getting benefits. 2) Get medical care as soon as possible after the accident.  Even if your claim has been denied and/or you do not have insurance.  Remember to tell the doctor, assistant, or nurse about all of your pains, injuries, etc.  To get protected by the law, having medical records showing your injuries is VERY important, especially when you are hurt at work. 3) Seek legal help as soon as possible.  Find an experienced, knowledgeable attorney and meet with him/her.  Consultations are often free of charge.  DO NOT WORRY ABOUT MAKING THE INSURANCE COMPANY OR YOUR EMPLOYER MAD.  You must protect yourself.  Who else will?

In this challenging time, dealing with legal issues may not be a top priority. Still, new questions and concerns related to the coronavirus and your employment will need to be addressed and resolved. The following are a few examples of issues that could affect you in some way: 1. If your employer has you working at home via "telework" or otherwise, are you still covered by workers' comp insurance if you get hurt? 2. What if you are exposed to the coronavirus as a result of your employment? 3. Will workers' comp cover medical expenses related to the virus? 4. If you are on workers' comp and supposed to look for light-duty jobs, how does this affect you? What kind of jobs do you have to accept? 5. What if you are exposed to the virus while you are looking for light-duty work? 6. What if you need medical care but can't get it because providers are preparing for virus patients, and it's too hard to get an appointment? These are just a few of the questions that may come to mind for you or someone you know. There are no quick answers. You must contact an experienced lawyer when handling these types of matters. The Law Office of Darren Shoen is still providing free consultations. With proper social distancing, they may meet in person, by phone or video conferencing. Give them a call and let them help you in this challenging period for everyone. 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 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.

Depending on your situation, it can have different affects.  Assuming you have a workers compensation wage award in Virginia and you are approved for social security disability payments, there can be an “off-set” (reduction) of your disability benefits based upon the amount of your workers’ comp payments.  Under Social Security Administration rules, you may collect a combination of workers’ comp wage benefits up to 80% of your “average current earnings,”( also called ACE.)  This figure is determined  by looking at your maximum gross wages you earned in any one tax year in the 5 years before you were injured at work.  For instance, if your ACE is $40,000.00, you would not be eligible to receive more that $32,000.00 per year, or $2,666.67 per month in combined workers’ compensation and social security disability benefits.  If your weekly workers’ compensation benefit is $400.00, this equals $20,800.00 per year, and $1733.33 per month.  Your SSDIB benefit would then be $933.34 per month. If you reach a settlement of your workers’ compensation claim, there may also be an offset/reduction of your SSDIB benefit.  Again, depending on your situation, the way your settlement documents are written can help ensure that your SSDIB reduction is minimized or eliminated entirely.  It is possible to have all or some of the proceeds from your settlement “pro-rated” over your life expectancy which can allow you to collect the maximum amount of money you may be entitled to in SSDIB.  Having a qualified, experienced Virginia workers’ compensation attorney assist you with this can be of great help and is highly recommended. Another issue to be aware of is how your medical benefits may be affected if you are approved for Social Security Disability.  Depending on your situation, you may be immediately eligible for Medicare or eligible within 30 months after you are found to be disabled.  This can create a situation where you have to use your workers’ comp insurance for the work injury, and Medicare for other non-work injury related care.  It can get complicated.  However, there are situations where you might be able to settle your workers’ compensation claim and resolve the conflict with Medicare.  Again, getting the help of a qualified workers’ compensation attorney is strongly recommended. These are some of the situations that arise when you have both a workers’ compensation claim as well as a social security disability claim.  This is not a complete summary of all of the possible situations that may arise.

If medical care has been denied, as always, first seek a competent, experienced workers’ compensation lawyer.  A lawyer might take your case on a contingency fee basis and provide a free case evaluation or free consultation.  If you can’t find legal help, and if you have a lifetime medical award and the insurance adjuster has refused to authorize medical care for treatment that is related to your work injury, you should demand a hearing before the Virginia Workers’ Compensation Commission.  Make sure you get a copy of the note from your doctor or treatment provider that says you require medical care and get copy to the workers’ compensation commission.  Call the Commission at 877-664-2566 and ask them how to request a hearing.  Usually, a simple letter to them asking for a hearing.  Again, make sure you send them any medical notes or records that support your claim.

“There are several different ways someone can get hurt on the job.  From what are seemingly minor injuries—to a paper cut, to an insect bite, all the way to catastrophic injuries of falling off buildings, out of trees, and so forth. Some people will think maybe they don’t need to see a lawyer because it’s not that major of an injury. So it’s always good to get yourself your own attorney and get your own advice, again even from what can seem like a small injury that can develop into a larger injury. From a soft tissue injury, to back injuries that can balloon into herniated disks and so forth. A sore knee or a twisted knee can then develop into the need for surgery, which can then develop into something much worse from there. So, it’s always good to make sure you get the right medical care at the beginning. Because if they don’t get it early enough, it can develop into something much worse where it can be tough to repair something down the road. So even something that is seemingly minor, seek out my office, I can help you from start to finish.”

“Injured workers often ask me why should I get a workers' comp lawyer if I have an insurance carrier that is taking care of me? They're paying me, they're paying my medical bills. Because you need someone working for you. The insurance carrier has lawyers working for them, helping them through the case. Remember their goal is not your recovery. Their goal is to save money. A lawyer working for you can make sure you get the medical benefits that you need and deserve and the wage benefits you need and deserve. From start to finish it's a free consultation from the beginning all the way to the end; there's never any cost out of pocket from you. I'm here to help you and I have your best interests at heart from start to finish.”

“The Law Office of Darren Shoen represents clients from far and wide, throughout the Commonwealth of Virginia. It’s a regional law practice. So we primarily represent injured workers from Richmond, all the way west out to say Wythe County, Galax and even further Southwest. Several clients come from the Southside area as well–Danville and South Boston Campbell County, Lynchburg, Bedford so we can represent clients from throughout the Commonwealth.”

“You know you need a workers' comp lawyer if you got hurt at work. You can always use a workers comp lawyer; someone like myself who does workers comp and knows workers' comp. When I advise somebody who just calls me, even if it's as simple as you got a cut finger at work. I have to advise that person as to what's in their best interests. It's a free consultation. There is no harm and it can only benefit you to contact me to help you with your claim. It may not be something that we need to pursue or should pursue, but I will be able to tell you that. This is what I do.”

“If your job requires you to be outside of the Commonwealth of Virginia; and typically a Virginia worker, it can be a complex situation. In certain cases, you can apply for benefits in the state where you were hurt or you can apply in the Commonwealth of Virginia as well. It just depends—you know per case—which state/where you should apply for benefits. Some states’ benefits are, you know, better than Virginia. In some circumstances, sometimes it could be better to file in Virginia. But number one, as always, if you get hurt get medical attention immediately! No matter what. Let the legal part of this take care of itself later—after you get that resolved and after your employer knows of the injury, then you contact an attorney—a competent attorney that knows the law, that knows workers comp law. It’s a unique area of law where you have to do a lot of this to have workers comp law to know what you're talking about. So contact the workers comp attorney. In my case, it's a free consultation. It cannot hurt in any way to call me and even come in and sit down and we can go over it together but that's what you need to do.”

Today, Darren is taking on the topic “Why get a Lawyer If I have Workers Comp Insurance?”. There are rights that you have that the insurance company may not communicate to you. It is important to have a knowledgeable Lawyer on your side to ensure all of your rights are covered. Darren addresses this more in his video here. Darren Shoen offers free consultations for Workers Compensation cases, contact him today about your particular case. Workers' compensation laws vary widely from state to state—The Law Offices of Darren Shoen concentrate on the state of Virginia. Please note, the advice provided in this blog is general in nature and are not specific to your case.  If you have a specific question regarding your situation, please contact Darren Shoen by filling out the contact form on this site.