The Upcoming Drastic Cut in Social Security Disability--Avoided

Many on Social Security Disability do not know it but the Disability Trust Fund is running low on money. In fact in 2016, only one year away, the Fund will not be able to pay full benefits. It is expected there may be as much as a 19% reduction in benefits.

This problem is well-known to Congress but nothing has been done to address this issue. The Obama administration has proposed a temporary borrowing from the regular Social Security fund to address this shortfall. Republicans in Congress have not agreed. Many of them regard our disabled workers as deadbeats and slackers who are mooching off of the system. They ignore the fact the disabled workers have all been found "disabled" by the Social Security Administration.

What disabled workers can do is contact their Congressman now about this problem before there is a reduction in benefits.

THIS IS AN UPDATE. CONGRESS AVOIDED THE REDUCTION IN DISABILITY BENEFITS BY ALLOWING FOR BORROWING FROM REGULAR SOCIAL SECURITY RETIREMENT FUND IN THE BUDJET COMPROMISE BILL AT THE END OF 2015.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Insurer Refuses to Pay Injured Worker's Medical Bills in Virginia

WHY AREN'T MY VIRGINIA WORKERS' COMPENSATION BILLS BEING PAID?

In my workers compensation practice in Virginia, I often see workers who were injured at work and the employer's workers compensation insurers have not paid the worker's medical bills. Why is this the case?

First, did the employer know about the injury? Was it properly reported to the appropriate person?

Second, did the employer furnish the injured worker a panel of three (3) doctors from which to choose a doctor from? Did the injured worker choose a doctor from this panel? (In Virginia the injured worker has a right to a panel of three doctors for his/her injury.)

Third, was the treatment (an MRI, physical therapy, prescriptions, etc.) authorized by the doctor from the panel?

Fourth, did the treating doctor send the bill in question with his/her treating note to the insurer? If no the worker can request that this be done.

Fifth, if the injury has been denied by the employer, then the injured worker must file a claim with the  
Virginia Workers' Compensation Commission and consult an experienced workers' compensation lawyer.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Brain Injury at work in Virginia.

VIRGINIA WORKERS' COMPENSATION FOR A BRAIN INJURY AT WORK

I attended a seminar given by Richmond, Virginia's number one brain doctor. He explained traumatic brain injury (TBI) to the Virginia Trial Lawyers Association. It was noteworthy that he said 95% of people with a TBI recover without any permanent difficulties. I guess this is why a football player can have his "bell rung" and go right back to playing. However, nowadays the player is held out of playing for 4-5 days until all his symptoms have cleared. That was not the case when little was known about brain injuries.

But what about the worker who suffers a concussion on the job?

In Virginia the insurance companies are quick to accept a head injury but they are reluctant to accept a brain injury or TBI. One reason is that a TBI makes the injured worker eligible for lifetime compensation. About 99% of Virginia Workers' Compensation Injury Victims cannot receive wage compensation after 500 weeks. One exception to this is a TBI.

An injured worker with a TBI if still disabled for work after 500 weeks from his date of injury can apply for lifetime wage replacement. So if you are a worker who is one of the unfortunate TBI sufferers who did recover from his/her TBI you should know this option.

A second reason insurers don't want to agree to an award for a TBI is that means they will owe lifetime medical coverage for a "brain" injury.

So, what can an injured worker do if he or she has a TBI that does not heal within 90 days? He or she should consult a Virginia Workers' Compensation lawyer as soon as possible.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

High Blood Pressure and your Virginia Workers Compensation Claim

Recently, I have had a number of clients with this problem. They have a painful condition due to a Virginia Workers' Compensation back or neck injury. At the same time they have high blood pressure.
The back or neck doctors "refuse" to operate or do any invasive procedure due to the high blood pressure. The workers' compensation insurance company and the doctors ask the claimants to get their blood pressure under control.

The claimants have a big problem. They would like to control their blood pressure. They know it is dangerous. They would like to obtain relief for their back or neck problems but the doctors refuse to do anything due to the high blood pressure. In most cases, they no longer have health insurance because that expired when they were unable to return to work due to the accident. Thus, they are not able to handle a problem like high blood pressure without insurance.

The workers' compensation insurer will not pay for high blood pressure case unless it was caused by the accident. The orthopedists who are taking care of the orthopedic problem are reluctant to state the "accident" caused the high blood pressure. This is so even if the claimant did not have high blood pressure before the accident. This is so even though "pain" can aggravate or exacerbate high blood pressure.

In some cases the Virginia Workers' Compensation Commission will require the workers' compensation carrier to take care of an unrelated problem in order to correct a problem caused by the accident. Most of the time, the workers' compensation carrier will refuse to try to correct a problem such as "high blood pressure" if it was not caused by the accident. The Rule appears to be the Commission will not force the insurers to control high blood pressure if it existed before the claimant's accident. Usually, it did.

In conclusion, it appears my clients will stay in Limbo regarding their high blood pressure unless I can obtain some kind of relief from the Virginia Workers' Compensation Commission.

Three important facts about Social Security Disability & Virginia Workers Compensation

VIRGINIA WORKERS' COMPENSATION AND SOCIAL SECURITY DISABILITY

There are at least three (3) important things to know about Virginia Workers' Compensation and Social Security Disability:

First, even though the worker has been found "disabled" by Social Security this is not binding on the Virginia Workers' Compensation Commission or the workers' compensation insurance company. If the treating doctor says you can do light duty work, the insurance company will continue to try to find you light duty work despite the decision by Social Security.

Second, in most instances workers who are on workers' compensation will have their Social Security Disability benefits reduced because they are also receiving workers' compensation payments. The formula is if a combination of Social Security payments and workers' compensation payments exceed 80% of what Social Security finds to be the worker's pre-disability wages, the Social Security payments will be reduced.

Third, in a settlement current Social Security rules allow the attorney for the injured worker to pro-rate the lump settlement over the worker's life expectancy. By using this formula the attorney can eliminate the offset.

For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.

Sexual Harassment in Virginia may lead to a Constructive Discharge Lawsuit!

In a recent case (Faulkner v. Dillon VLW 015-3-141) Ms. Faulkner alleged the defendant had sexually harassed her. The defendant was the owner of dry cleaning business in Bluefield, Virginia. As a result, she re-signed and commenced a lawsuit for constructive discharge in the United States District Court in Abingdon, Virginia.

Virginia has traditionally followed the "employee at will" doctrine. This essentially means an employer can discharge an employee for any reason that is not illegal. The Supreme Court of Virginia has never recognized constructive discharge as an exception to the employee at will rule.

Notwithstanding this, US District Court Judge Jones said there was a growing trend in the Circuit Courts in Virginia to recognize this exception. Judge Jones allowed Ms. Faulkner's claim to go forward as an exception to the "employee at will" doctrine.

For more information: contact Jerry Lutkenhaus at (804-358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers Compensation Lawyer.

Mediation May Be a Good Idea in Your Virginia Workers' Compensation Case

WHY NOT MEDIATE YOUR VIRGINIA WORKERS' COMPENSATION CASE?

When there is a dispute about your injury at work, the Virginia Workers' Compensation offers a mediation process to work out the dispute. Is going this route a good idea? These are the reasons why I feel it is a good idea:

1. It does not cost to go to a mediation.
2. The mediation is conducted by a Deputy Commissioner.
3. The mediation is confidential.
4. If the parties agree, you can work out a settlement at a mediation.
5. If the parties do not agree the case can be set for a hearing.
6. The claimant can obtain a confidential opinion about the merits of his/her case.
7. The claimant can find out what is bad about his/her case. 

What are the bad things about a mediation?

1. It does take time to set up a mediation. 
2. The insurance company is not forced to settle at a mediation. 
3. The insurance company can find out the bad things about the claimant's case. 

In summary, I believe mediations on the whole benefit the claimant. 

For more information, contact Jerry Lutkenhaus at (804)-358-4766 or at  1(800) 256-8862 and you can visit our website at : Virginia Workers' Compensation Lawyer.