Legal Question in Workers Comp in Virginia

I am currently rec TTD and have been awarded the lifetime medical, I have been placed on light duty sitting only. (lower back and concussion) I am still in pain in my hip area and lower back. My doctor has stated he feels I am at my MMI but want to see me in May. I want to know at what point can I settle, and how the 500 weeks I read about in my research come into this.


Asked on 3/14/13, 7:36 am

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

This is a tricky question. If you have been placed on light duty, then the insurance company has three choices: (1) job placement for a light duty position; (2) continue to pay you weekly compensation; or (3) settle your claim. The maximum amount of compensation you can receive is 500 weeks. However, if the the insurer can place you in a job equalling or exceeding your pre-injury wages then they no longer have to pay you. Also, if you have a TTD award you have lifetime medical coverage for this back and head injury. In a settlement the insurer will want you to surrender the lifetime medical coverage in most cases. So, the value of your future medical care can only be calculated by you sitting down with your doctor and going over every possible problem regarding future medical care for this injury. As you can see this is a complicated problem. You can contact me for a free evaluation and conference to assist you with your problem I can be reached at 804-358-4766 and 1-800-256-8862. My website is www.virginiadisabilitylawyer.com.

I would be glad to talk to you about this based on my 35 years of experience in this area.

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Answered on 3/14/13, 8:09 am
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

In over 35 years of practicing Virginia workers' compensation I have learned that when and if to settle my client's case is a matter that requires great skill and experience. I have a whole section of my book, The Virginia Workers' Compensation Case Finder, dedicated to discussing settlements. Settlement of your claim is something that you need to consider carefully after you are fully informed of the pros and cons of settlement in your particular case. I would be happy to discuss these with you so that you can make an informed and intelligent decision about what to do. I am a member of the Larson's National Workers' Compensation Advisory Board and my practice is statewide. You can reach me at 1-800-945-7051 and review my credentials at http://lawyers.law.cornell.edu/lawyer/peter-m-sweeny-esq-620353.

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Answered on 3/14/13, 8:17 am


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