In a workers’ compensation case out of Idaho, the Supreme Court of Idaho reaffirmed a long-standing principle in workers’ comp law that post-injury weight gain by an injured worker does not relieve the insurance carrier from having to provide medical care related to the injury, even if the weight gain has exacerbated the work-related injury.  The exception to this principle…[...]

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Posted in Uncategorized | Comments Off on Weight Gain and Workers’ Compensation Benefits

Like most legal questions, the answer to this question depends on your specific situation.  However, I know one thing for certain, don’t rely on an insurance adjuster to make the final decision.  If an insurance company denies your claim, that doesn’t necessarily mean your claim is denied!  HUH?  That’s right, you may very well be covered.  Remember, the insurance company…[...]

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Posted in Uncategorized | Comments Off on I GOT HURT AT WORK, BUT THEY SAID IT’S NOT COVERED BY WORKERS’ COMP. WHY?

LIFETIME MEDICAL CARE The doctor said there is nothing more he can do but I am still in pain.  What can I do? If you received a lifetime medical award from the Virginia Workers’ Compensation Commission, you have the right to reasonable, necessary and related medical care for your injury.  This can include a wide range of treatments including physical…[...]

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Posted in Uncategorized | Comments Off on The doctor said there is nothing more he can do but I am still in pain.  What can I do?

If you’ve been assaulted at work and suffered an injury, you may be covered by your employer’s workers’ compensation insurance.  Like many workers’ comp injuries, it depends on whether you can show that the attack arose out of your employment. In a workers' compensation case, a worker may suffer a random attack from someone he knows or doesn’t know.  A…[...]

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Posted in Uncategorized | Comments Off on CAN I GET WORKERS’ COMP IF I AM ASSAULTED AT WORK?

Can’t get the adjuster to call you back?  Can’t get your mileage and medical costs reimbursed?  Paycheck delayed? Unfortunately, this is a very common problem in workers’ comp. injury cases.  Oftentimes, if the adjuster doesn’t have an urgent reason to call you back, they won’t.  If you have an injury & are relying on an insurance adjuster to help you,…[...]

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Posted in Uncategorized | Comments Off on Been “ghosted” by an insurance adjuster?

Injured workers are oftentimes surprised to find out that they do not automatically get paid workers’ compensation if they can’t do their old job due to their injury.  In Virginia, if you get hurt at work and a physician or other qualified medical professional writes you out of work totally, you will likely get paid full workers’ comp wages while…[...]

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Posted in Uncategorized | Comments Off on Why do I have to look for another job if I got injured at work?

No.  If you have an Award for workers’ comp in Virginia and your employer lets you come back to work on restricted duty, in many cases the workers’ comp insurance is supposed to “make up the difference” in your pay. This is called “temporary partial disability”.  These are partial wage payments that, when added to your paycheck upon returning to…[...]

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Posted in Uncategorized | Comments Off on I am making less pay after my work injury. Is that fair?

The Journal of the American Medical Association recently published a report sharing the results of a study alleging that psilocybin (or so-called magic mushrooms) could be an effective treatment against major depressive disorder.  Although illegal in most states, Colorado and Oregon recently passed measures allowing regulated use of magic mushrooms.  Other states have attempted to pass similar measures (including Virginia)…[...]

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Posted in Uncategorized | Comments Off on Magic Mushrooms Covered by Workers’ Comp?

Once again the answer is… It depends on the situation.  These are always horrific tragedies and there are no easy answers.  The simplest way to try to answer this question is to ask whether the injured (or deceased) worker was exposed to an increased risk of being victimized by a mass shooter due to the nature of their employment.  Some…[...]

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Posted in Uncategorized | Comments Off on IS MASS SHOOTING COVERED BY WORKERS’ COMP?

If you have an injury that is both a work injury, and an injury caused by a third party, you may have two separate injury claims you can pursue.  However, please proceed very carefully if you are pursuing both claims. First, what is meant by an injury caused by a “third party”?  A good way to explain this is by…[...]

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Posted in Uncategorized | Comments Off on PERSONAL INJURY SETTLEMENTS AND WORKERS’ COMP