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…[...]

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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…[...]

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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…[...]

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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…[...]

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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.…[...]

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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,…[...]

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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…[...]

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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…[...]

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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…[...]

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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…[...]

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