Do not just accept an insurance carrier’s denial of your claim because they say it is a “pre-existing condition.” Even if you have a pre-existing injury or condition related to the same body part injured in a work accident, you may still be entitled to medical benefits related to the work accident. For instance, say (hypothetically) you had a sore…[...]
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If you are entitled to workers’ comp wage benefits, the insurance carrier is obliged to pay you within 14 days of the date the last payment was due. If they do not, they may have to pay you an additional 20% penalty assessed on the amount due. Virginia Code §65.2-524 says: “Failure to pay compensation within two weeks after it…[...]
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You suffered an injury at work. Now, what do you do? Can I handle it myself or do I need a lawyer? Here are some reasons why you need a compensation lawyer if an accident occurs at work. The insurance adjuster is not looking out for you. No matter how “nice” they sound or even if they appear to…[...]
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In Virginia, if your treating physician writes you a prescription for marijuana, it is possible that the workers’ comp insurance carrier could be forced to pay for the prescribed marijuana. As of now, Virginia courts have not resolved this question. However, in a pair of recent Pennsylvania cases, the appeals court decided that the insurance carrier could be ordered to…[...]
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“I have a lifetime medical award, but workers’ comp won’t pay for medical care. What do I do?”
Mar 29, 2023
Many people think that since they have a lifetime medical award, they will not need legal help because they are covered for life. They usually soon find out otherwise. Many times a workers’ comp. carrier will just refuse to authorize medical care without explanation and ignore your calls. They won’t honor the lifetime award unless you know how to make…[...]
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No matter what kind of vehicle you drive, don’t forget to wear your seat belt. Seat belts can decrease the risk of suffering from severe injuries, or worse, should an accident occur. It’s especially crucial for workers in the trucking and delivery industries. If you are injured in an auto accident while working (truck driver, pizza delivery, construction related driving,…[...]
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My workers’ comp claim has been denied because they say my injury did not come from my job. What can I do?
Mar 15, 2023
Not all injuries that happen at work are covered by workers’ comp. However, just because the workers comp insurance carrier denied your claim doesn’t mean you shouldn’t keep fighting. They have an incentive to deny claims….they don’t want to pay. So, if there is anything they can do to refuse to accept your claim, they often will. Fortunately, you can…[...]
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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…[...]
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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…[...]
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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…[...]
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