Legal Question in Workers Comp in Virginia

Once you have used up your 500 weeks of work comp payments,are you still entitled to get a settlement on your claim?

Asked on 9/01/10, 10:18 pm

2 Answers from Attorneys

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

Settlement is not a benefit of workers' compensation, it is a voluntary agreement between the parties. If you have received 500 weeks of compensation payments, and if you do not qualify for permanent total disability, then all that remains of your claim is future medical benefits. Therefore there is nothing to settle but those future medical benefits. I would not close these benefits out without consulting with an attorney and with your physician.

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Answered on 9/07/10, 6:25 am
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

As Peter Sweeny says in the normal case, the insurance company only has to pay you 500 weeks of compensation. You can qualify for permanent total disability after 500 weeks if your injury involves brain damage or the loss of use of two limbs that renders you unemploybable. As he said if you do not qualify for this, then we are only talking about settling your Lifetime Right to Medical Care for your Injury. You can settle this but you should not do so unless you have a way of obtaining the necessary medical care in another way. Also, you may want to consider this if you have no need for further medical care for your injury. You should consult an experienced WC lawyer and a doctor.

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Answered on 9/09/10, 11:36 am

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