Legal Question in Workers Comp in Virginia

Workmans comp injury in 2010. Awarded lifetime nedical.5% disability in shoulder. Shoulder givivng problems again.insurance co wants to settle for 25,000. No medical and sign that will never work for company again. Since I work in medical feild this could end my medical career. Can previous appointed benefit (I.e. medical) be taken away with this settlement

Asked on 4/18/13, 2:34 pm

2 Answers from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder
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If the insurance company is seeking a "full and final" settlement, then they want to end your lifetime medical benefits. The resignation raises other issues. 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 4/18/13, 6:48 pm
Jerry Lutkenhaus Virginia Workers Compensation & Disability Lawyer
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As Mr. Sweeney says you have a lifetime medical award for this injury. The insurer wants to buy this out for $25,000. If you are still working for the same company, then the resignation is important since you would be forfeiting that employment. However, a resignation from that company would not prevent you from working in the medical field for a different employer. You indicated you were awarded a 5% rating for that arm. This would be 10 weeks of benefits. If your rating has now increased you may be able to file for an increase in that rating. My website can be found at www.virginiadisabilitylawyer.com. I have the highest rating from Martindale-Hubbell and I was selected as one of the best in Richmond Magazine. You can call me for a FREE CONSULTATION at 1-800-256-8862.

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Answered on 4/18/13, 7:22 pm

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