Legal Question in Workers Comp in Virginia

entitled to a Va. WC settlement?

I work 2 jobs, one is part time as a inhome service provider for handicapped children, and my full time job is a CNA at a nursing home where I work 12 hour shifts. I broke my ankle in 2 places and had 3 screws put in . My injury occured at my part time job. I am still off on TTD. My doctor is talking about releasing me to go back to work in 2/3 weeks. This injury only occured 7 weeks ago. I would be able to work my job as an in home provider, but not able to work my 12 hour shifts as a CNA. I am concerned i will not be able to go back to that job for a long while, with my ankle still swelling and becoming painful after standing or walking for short periods. I still do not have full range of motion back in my ankle and foot.( which causes me to limp) I was planning on attending nursing school this fall, and now i am not sure that will be possible either, with all the hours required standing/waking for clinical time. I am not sure what I am entiltled to, and how much this injury will effect my ability to work in long run. Should I be entitled to a settlement of anykind? And, what other options do I have? thanks


Asked on 6/23/07, 12:41 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: entitled to a Va. WC settlement?

Dear Mam,

I assume your TTD benefits were calculated based on only your part-time job. Perhaps the salary of both jobs should have been combined if the jobs are similar.

If you are released then the TTD benefits end.

If you have a permanent problem with your foot, then the doctor could give you a rating which may be worth some money. However, most doctors do not give ratings unto one year after the last operation.

Jerry Lutkenhaus

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Answered on 6/23/07, 9:18 pm


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