Legal Question in Workers Comp in Virginia

I worked for the sheriffs office. I was injured during ground fighting that we had not been trained for. I injured my shoulder which required surgery. It was supposed to be a simple surgery but now I have a 7% loss. I was forced to retire. I am now on work comp but I am wondering if I can settle. The job market out here is tough and I am thinking that now I need to continue my education because an A.A.S is not enough. I took on a part time job because they said having a job makes it easier to get another one but I really dont like the job at all and I am not sure they will allow me to leave the position. So my question is can I settle, which will allow me to go back to school full time.


Asked on 2/08/10, 9:36 am

2 Answers from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

Many people think that they are "entitled" to a settlement of their workers' compensation claim but in Virginia settlements are entirely voluntary. Both sides have to agree to a settlement and if one side doesn't want to settle, there is no settlement. Settling state, county and municipality cases can be difficult as often their budgets do not provide for settlements. Yet some counties do settle cases. You may be entitled to some permanent partial disability benefits now, though. As for leaving the job you have now, that could present some serious problems if not handled correctly. In my the sheriff's cases I have handled over the years, this can be a real problem if not handled correctly. You need to consult with an experienced and knowledgeable Virginia attorney before your do anything else.

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Answered on 2/13/10, 10:01 am
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Virginia Workers Compensation can provide for 500 weeks of compensation and lifetime medical care for you injury. As part of the vocational rehabilitation for your injury, you can demand retraining at a new occupation and you can demand that the WC insurer pay for it. You do have to show job placement without retraining has not worked and the proposed retraining is a 1-2 year technical course which will lead to a job. You can perhaps talk to the Virginia Department of Rehabilitation about an evaluation and a recommendation. As noted by Mr. Sweeny some counties will settle cases if they can do so as part of the budget but as you know we are in Hard Times right now. If the part-time light duty job has been found for you by the insurer for the county, you cannot just quit that job without losing your comp benefits. You can find more information at my website: www.virginiadisabilitylawyer.com.

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Answered on 2/13/10, 4:22 pm


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