Posted on Wednesday, May 25th, 2016 at 2:00 pm
WebFile: The Virginia Workers’ Compensation Commission’s online portal to electronic
records. WebFile has been set up so that, based on your role, one can manage records and take care of key transactions online.” When we begin our representation of a client, our first task is to note that representation on WebFile, so we can determine the immediate status of the claim.
Workers’ Compensation: A mandatory insurance requirement for most employers. It provides statutory benefits to covered workers who are injured in their employment. Virginia law requires every employer who regularly employs more than two employees part-time or full-time to carry workers’ compensation coverage.
Workers’ compensation insurance is also required for every operator of underground coal mines. Employers with fewer than three employees or who meet another exception under the Act may voluntarily take out a workers’ compensation policy or qualify as a self-insurer.
In Virginia there are four (4) means of insuring for workers’ compensation:
The two (2) Virginia insurance organizations that maintain membership of most insurance agents in Virginia are listed below:
Work Restrictions: The report or slip from the treating doctor that specifies what the worker can and cannot do. It is ABSOLUTELY ESSENTIAL that you and your attorney be aware of your current work restrictions at all times. This will determine whether you will continue to receive your workers compensation checks. NEVER leave your treating doctor’s office without a copy of your work restrictions.
Attorney Joe Miller has helped thousands of injured workers get a strong and full recovery. He has been advocating for injured workers for more than 25 years. He understands the full range of Virginia Workers’ Compensation issues. This includes claims for lost wages, medical bills, vocational rehabilitation and even death benefits. He’s helped thousands of client get all the compensation they deserve. Please phone lawyer Joe Miller today at 888-694-1671 and ask for Joe Miller, or email firstname.lastname@example.org.
Posted on Monday, May 23rd, 2016 at 2:00 pm
Uninsured Employer’s Fund (UEF): If the employer does not have proper worker’s compensation insurance, this fund, maintained by the Commonwealth of Virginia, is used to pay injured and ill workers. Note that these cases always go to hearing, but this is a remedy that is available to you.
Venue: The place where the hearing takes place. It is usually the city or county where accident happened. The Virginia commission may shift the venue sometimes to a differ location in an adjacent county.
Virginia Workers’ Compensation Act (Code Section 65.2): “The Virginia Workers’
Compensation Act (“the Act”) was enacted on March 21, 1918, and became effective on January 1, 1919. The Act was intended to provide a comprehensive benefit structure for injured workers.
It provides wage loss benefits as well as reimbursement for medical expenses related to the compensable injury. The Virginia Workers’ Compensation Commission administers the provisions of the Act generally, and acts as an adjudicator where a dispute arises between the parties as to workers’ rights or employers’ obligations.”
Vocational Rehabilitation: Some workers may be awarded vocational rehabilitation evaluation, counseling, work development, training, education and placement services – if they cannot return to their prior job. Be sure to ask an experienced Virginia workers’ compensation lawyer if you are entitled to vocational rehabilitation and also be sure to WATCH OUT—these folks are not always what they seem!
Joe Miller has the experience to aggressively handle every aspect of your Virginia work injury case. He knows all the benefits you should claim and fights to make sure you get all those benefits. He is an experienced negotiator and litigator. He’s helped thousands of injured workers during his more than 25 years of legal practice. Please phone attorney Joe Miller at 888-694-1671 to discuss your rights or complete his Internet form for an appointment
Posted on Friday, May 20th, 2016 at 2:00 pm
Treating Physician: The doctor selected by the injured worker from the panel of doctors supplied by the employer or insurance carrier. This is most often referred to as the authorized treating physician (ATP). Sometimes you may not have to select from a panel if your injury was such that you were immediately taken in to surgery. In such cases, the surgeon usually becomes the treating physician by default and no panel is required.
Temporary Partial Disability Benefits (TPD): This is the status where an injured worker returns to a lesser paying job. You can obtain 2/3rds of the difference between your pre-injury average weekly wage and your average weekly wage in your new job. Workers on TPD do not get cost of living adjustments. (COLA)
Temporary Total Disability (TTD): This is the status where an injured worker cannot return to work after the initial 7 day waiting period. The worker gets 2/3rds of his/her average weekly wages up to 500 weeks. If the worker obtains an OPEN AWARD, then TTD can be paid even if the doctors say the worker can return to work with restrictions – if the employer does not have a job with those restrictions available. But with no Open Award, you HAVE NO RIGHTS and are vulnerable to being CUT OFF if your doctor releases you to any work whatsoever– Even if there are lifting restrictions of 1 pound. Exceptions apply if the worker is permanently and totally disabled. Please download my book to learn more about how this works.
Injured at Work? Joe Miller Esq. is the Experienced Lawyer You Need
Joe Miller has helped thousands of injured workers get strong justice. He knows how to make sure your injuries are properly classified, that your doctors work for you, and that your case is ready for hearing. In the right case, he will negotiate a long-term settlement of your claims. He understands the difference between temporary partial disability and temporary total disability. Phone lawyer Joe Miller at 888-694-1671 today and ask for Joe Miller, or email email@example.com.
Posted on Wednesday, May 18th, 2016 at 2:00 pm
Statutory Employer: A legal term of art that can help a worker qualify for benefits. A statutory employer is a “person or business owner that hires or contracts out work to another person or subcontractor to perform work that is either: 1) part of his own trade, business or occupation; or 2) to fulfill a contract or any part of a contract.” This often comes up when an employee works for a subcontractor with no comp insurance. If the sub was hired out by either another sub or the general contractor, then the sub above the employer or the general are considered the “statutory employer” of the injured employee, and you can use the comp coverage of the statutory employer.
Subpoena Duces Tecum: A legal document that requires the person on whom it is served to deliver documents to the person who made the formal request.
Subpoena for Witness: A legal document that requires a witness to appear at a hearing.
Supreme Court of Virginia: “The highest court in the Commonwealth of Virginia. It hears cases that are initially appealed to the Court of Appeals of Virginia.”
Joe Miller has over 25 years of experience fighting for injured workers. He has helped thousands of workers get the full recovery they deserve. He anticipates the arguments defense lawyers and insurance companies make. He’s helped thousands of employees. Phone attorney Joe Miller today at 888-694-1671 and ask for Joe Miller, or fill out his online form for an appointment.
Posted on Monday, May 16th, 2016 at 2:00 pm
Seven Day Waiting Period: Injured workers do not get paid if they are only injured and off of work 7 days or less. Compensation starts on the 8th day. If the injury and resulting time off of work lasts more than 3 weeks, the worker gets compensation for that first week.
Show Cause: “An order of the Commission directing an individual to appear on a certain date to show cause or explain why the Commission should not issue a specific order or make a certain finding. Oftentimes it pertains to holding the person or company in contempt or liable to a fine. Example: to show cause why an employer with no workers’ compensation coverage should not be assessed a monetary penalty for failure to insure for workers’ compensation.” Another example would be a failure of a company or person to respond to a subpoena to appear or for records after being properly served.
Statute of Limitations: The deadline for bringing a claim for benefits. In Virginia this is two years from the date of injury. If the claim is filed, there is also a limitation to re-file if no TTD has been paid. That limitation is 24 months. If you fail to re-file for TTD after 24 months of not receiving said TTD, it is gone forever.
Joe Miller has the experience to get strong justice for your work injuries and illnesses. He has helped thousands of clients get the medical benefits and lost wages they deserves. In some cases, he works to get a long-term settlement. He fights to make sure workers only return to work when they are really healthy again. Call Joe Miller at 888-694-1671 and ask for Joe Miller, or email firstname.lastname@example.org.
Posted on Friday, May 13th, 2016 at 2:00 pm
Residual Market: “The residual market (also known as the assigned risk market) is a market of last resort for employers who cannot otherwise get workers’ compensation insurance. “Residual markets require insurers writing specific coverage lines in a given state to assume the profits or losses accruing from insuring that state’s residual risks in proportion to their share of the total voluntary market premiums written in that state. The residual market ensures that coverage is available to all risks.
For Virginia, NCCI is the Commission’s designated agent for overseeing the Residual Market. Applications for the residual market are handled by several insurance carriers that bid to handle the market for Virginia.”
Return to Work (RTW): When the worker’s doctors says the worker can return to the job they did before the accident or at a job that pays the same amount or even a lesser amount. This is absolutely critical in Virginia to know as any statement by a doctor that you can return to ANY work could potentially have very important consequences for your claim.
Rules of the Virginia Workers’ Compensation Commission: “There are 14 Rules of the
Commission. These rules are issued to provide procedures to identify and resolve disputed issues promptly through informal dispute resolution or hearing.”
Joe Miller has helped thousands of Virginia injured employees get the work and medical benefits they deserve. He has been advocating for injured workers for over 25 years in Virginia and also in North Carolina. He makes sure you get full benefits for your injury situations. Please call attorney Joe Miller at 888-694-1671 for a free consultation or email email@example.com.
Posted on Wednesday, May 11th, 2016 at 2:00 pm
Rating: Impairment Rating. SEE THIS VIDEO to learn more about impairment ratings.
Rejection of Coverage: A form filed an executive officer of a business that the officer chooses to be excluded from coverage from workers compensation. Executive officers are a president, vice-president, secretary, treasurer or other officer, elected or appointed in accordance with the charter and bylaws of a corporation and (ii) the Manager elected or appointed in accordance with the articles of organization or operating agreement of a limited liability company.
Executive officer does not include persons with the title of director, LLC member or chairman.
An officer may exclude himself or herself from coverage for injury or death by accident, but not for occupational disease.
A Rejection of Coverage filing is commonly performed in order to reduce the insurance premium on the business workers ‘compensation insurance policy. Many executive officers have alternative coverage.
Request for Hearing: On the claim for benefits form, when you properly fill out part B of the form, and you attach the appropriate medical documentation, and then file it with the Commission, this is going to start the process to head your claim either toward an agreement or hearing.
Request for Review: “An appeal to the Commissioners to review and reconsider a decision made by a Deputy Commissioner.” This is usually done in the form of a few paragraphs and is merely the paper which sets the Appeal to the Full Commission in motion.
Joe Miller has the experience and skills to professionally handle each part of your Virginia Worker’s compensation claim. He understands coverage issues, claims issues and benefits issues. He knows the ins and out of mediation and trying cases before hearing officers. Phone lawyer Joe Miller at 888-694-1671 to discuss your case or make an appointment by completing his online form.
Posted on Monday, May 9th, 2016 at 2:00 pm
Penalty: Insurance companies that fail to pay an injured worker within two weeks after payment is due, can be ordered to pay a 20% penalty. Penalties can also be imposed on employers who fail to have Worker’s Compensation insurance and failing to file reports. The failure to file proper reports can also be assessed against self-insurers, group self-insurance associations, or third party administrators. Other penalties may also apply
Plaintiff: The injured worker, although in Virginia we commonly refer to the injured worker as the Claimant.
Pro se: An injured worker not represented by an attorney. Someone who represents himself or herself.
Professional Employer Organization (PEO): “Professional employer organization” means any person that enters into a written agreement with a client company to provide professional employer services. “Professional employer services” means services provided to a client company pursuant to a written agreement with a professional employer organization whereby the professional employer organization initially employs all or a majority of a client company’s workforce and assumes responsibilities as an employer for all co-employees that are assigned, allocated, or shared by the agreement between the professional employer organization and the client company. A PEO is required to register with the Commission prior to transacting business in Virginia.”
Proof of Coverage (POC): The evidence that an employer has proper worker’s compensation insurance. POC is usually filed electronically with the NNCCI, agent of the Virginia Commission.
Proof of Service: A form used to show that documents have been sent to specific parties.
Lawyer Joe Miller has been helping injured workers get the full compensation they deserve for over a quarter century. He’s helped thousands of employees get their benefits. He knows the legal terms and which strategies and arguments work best. He’ll make sure all proper claims are made. Phone Virginia lawyer Joe Miller at 888-694-1671 and ask for Joe Miller, or email firstname.lastname@example.org.
Posted on Friday, May 6th, 2016 at 2:00 pm
Peer Review: The Virginia Workers’ Compensation Act allows for a review program in cases of disputes over compensation for medical providers. Hearings are held before doctors who also treat injured workers. The program is under the guidance of a committee appointed by the state legislature. This committed includes doctors, and representatives from the employee, employer, hospital and industry sectors. The program reviews the acceptable costs for treatments rendered. Virginia does not have its own medical fee schedule.
Permanent Partial Disability Benefits (PPD). Also referred to as Permanent Partial Impairment Benefits: These are separate benefits that are paid when an employee loses a body part such as a leg, arm, finger or foot. PPD can also include vision loss, hearing loss and disfigurement. It does not include the back, neck or body as a whole. These separate benefits are for a preset number of weeks depending on the severity of the loss of the body part. This loss is expressed as a rating by the doctor, which is put down as a percentage of impairment. Workers can receive PPD/PPI even if they have returned to work. Workers cannot get PPD and temporary total benefits at the same time and you cannot in any case receive in excess of 500 weeks. A skilled Virginia injured worker attorney will review this important concept with you. Watch this VIDEO to understand more about permanency ratings.
Permanent and Total Disability Benefits (PTD): Workers who lose both hands, arms feet, legs, eyes or a combination of two or who suffer a severe brain injury can get lifetime wages in additional to any temporary total disability benefits. Workers who are paralyzed can also get these benefits. “This benefit is paid at the conclusion of a 500-week award for temporary total disability benefits.” In other words, if awarded, you are looking at lifetime comp checks and of course a case that is worth substantially more money. If you have two injured ratable body parts, significantly affecting your ability to work, you may be looking at a potential permanent and total disability case.
Joe Miller understands workers’ compensation issues. This includes permanent partial disability benefits and permanent and total disability benefits. He can explain the types of benefits you get for your specific injuries. He’s helped thousands of injured worker. Phone attorney Joe Miller at 888-694-1671 to make an appointment or complete his online form
Posted on Wednesday, May 4th, 2016 at 2:00 pm
Panel of Physicians: A list of doctors that the employer provides to injured workers. The panel must include at least three doctors. The injured worker has to pick a physician from the panel. If the employer does not provide a panel, then the employee may see a doctor of his or her choice. The treating doctor can refer the patient to other doctors. Once the patient’s treatment starts, the worker has to stay with that physician unless he or she gets approval from the Commission to switch doctors. This is known as the Authorized Treating Physician. (ATP) An experienced Virginia Worker’s Compensation doctors can explain when patients can seek approval to make a switch.
Sometimes a panel can also come into play when the ATP makes a referral to a specialist. The insurance company may offer a panel comprised of three specialists.
It is important to have the panel reviewed by a competent workers compensation attorney. More often than not, the panel will have at least one or two doctors who are defense-oriented physicians who will be biased against you.
Note that not every case requires a panel. For instance, if your injuries required immediate surgery, then typically the surgeon is going to become your ATP by default and no panel is required at that point.
Party: The parties are the people and company formally part of the worker’s compensation claim. The parties are generally the injured worker, the employer, the insurance carrier, the claim administrators, and the attorneys of record. Family members are generally not considered parties. Health care providers may also be parties – as to the cost of their services.
Joe Miller Esq. has been helping injured workers for over 25 years. He understands the full range of workers’ compensation issues. This includes making sure employees get to choose the best doctors that the state law allows. Call attorney Joe Miller to discuss your case at 888-694-1671 and ask for Joe Miller, or email email@example.com.