Can you get Workers' Compensation if you are involved in a fight at work in Virginia?

Bill came to my office looking for help. He had been in a fight at work and had suffered a right rotator cuff tear. He wanted to know if he would receive workers' compensation for his injury. I asked how had the fight happened? Bill said he was the Lead Man on his construction crew. He had given one of the crew (George) an order to fetch supplies. George said he was no one's slave and Bill was not his foreman and he refused the order. A little later when Bill again asked George about the supplies George cussed Bill and started a fight. As a result of the fight Bill suffered his bad shoulder.

I told Bill Virginia follows the "arising out of" rule. So, if his shoulder injury arose out of his work then he had a good chance. Since George had taken a swing at Bill in a direct response to an order from Bill I felt comfortable in telling Bill he had a good workers' compensation claim.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Are you allowed to pick your own doctor if you are an injured worker in Virginia?

You are Dick and you have a Virginia on the job foot injury. Dick wants to know if he can go to his own doctor. The answer is "no" he cannot . However, Dick can request that the insurer provide him a panel of three doctors from which he can pick a doctor. Also, if Dick needs a specialist, he can request the panel contain three specialists. In this case Dick has a foot injury. So, can request a panel of three foot specialists. The panel idea is supposed to protect Dick, the worker, from ending up with the insurer's pet doctor. This does not always protect the worker. Especially, with orthopedists, the insurer can often find three insurance friendly orthopedists and "stack the deck" against the poor worker.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Are you compensated for mileage you incur in Virginia if you are an injured worker?

In Virginia if you are an injured worker and have a valid workers' compensation claim you are entitled to 55.5 cents a mile for any trips you need to make to doctors, therapists and hospitals. Also, if you are required to do a light duty job search, you also can claim mileage reimbursement for any mileage you have to incur in your job search. The only caveat in all of this is that you are not allowed mileage reimbursement for trips to the drug store.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Do you have to use your own car in a light duty sales job proposed by the insurance company?

Recently I had a client (Bob)who was being job placed by the insurance company's so called vocational consultant (VC). The VC had to work with the Bob's work restrictions which were quite severe. The VC decided to offer Bob a door to door sales job which involved the use of Bob's personal car. Fortunately, the Virginia Worker's Compensation Commission had ruled in a case in 1993 that the insurer could not force a claimant to use his personal car in a light duty job. The Commission probably made this ruling on the grounds an injured worker like Bob would be losing a thing of value (wear and tear on his personal car) which he would not be compensated for.

Thus, I quickly sent a letter to the VC citing the 1993 case and the insurer and the VC gave up the idea of placing Bob in the door to door sales job.