Workers’ Compensation Award Agreement

Your Settlement Demand Went Out. Now What?

Workers Compensation Attorney Joe Miller discusses what to expect after your settlement demand is sent off to the insurance company:

Reasons to File a Formal Workers’ Compensation Claim if the Employer is Already Paying for Your Medical Benefits and Lost Wages

It’s tempting for many North Carolina and Virginia workers to think that their employer and the employer’s insurance company are on their side – especially when they’re paying you 2/3rds of your lost wages and paying for your medical bills. While this may seem nice, it can hurt your case in many ways. The best …

Medicare vs. Workers’ Compensation – Who Pays

Many older workers who are injured on the job or suffer an occupational illness are entitled to both Medicare and Worker’s Compensation benefits. There are two general issues involving Medicare. The first involves the regular medical submissions from doctors and other health providers while the employee is getting treatments so they can return to work …

Vocational Rehabilitation Rights for North Carolina Workers

Workers who can’t return to their old job may be entitled to vocational rehabilitation benefits. Vocational rehab benefits can include the cost of being retrained or to obtain additional education. In most North Carolina workers compensation cases, injured and ill workers are compensated in two ways: They are compensated for their medical bills. These are …

Types of Small Reimbursements in Workers’ Compensation Cases

The bulk of the payments in a North Carolina or Virginia workers’ compensation claim are the wage loss benefits and the medical expenses. Wage loss benefits are generally paid at the rate of 2/3rds of the worker’s average weekly wages (prior to the accident) – up to preset maximums. The wages are paid until the …

What Are Workers’ Compensation Compromises and Releases?

A compromise and release (C&R) is a way to settle your worker’s compensation claim. In Virginia, these are commonly called Full and Final Settlements, whereas in North Carolina, these are commonly called Clincher Agreements. These kinds of settlements are generally used for workers who are disabled from their pre-injury job and will likely need future, …

Changes to the Open Award in Virginia Workers’ Compensation Cases

In Virginia, the entry of the Open Award isn’t 100% foolproof. The employer has an additional 30 days AFTER the entry of the Award to withdraw the Award Agreement. This is also referred to as the Award becoming FINAL. Until those 30 days pass, the Award is not yet final. This means if it is withdrawn during that first 30 days after it is entered, the Award will be vacated and it will be as if the Award was never entered.

Who Is the Authorized Treating Physician in a Virginia Workers’ Comp Case?

The Authorized Treating Physician. The authorized treating physician in a Virginia workers’ compensation claim merely refers to the doctor who the workers’ compensation carrier has agreed to allow to coordinate and direct your treatment. It is also the physician through whom they agree to pay for all recommended medical treatment. This medical provider is usually chosen and one of two ways:

Ways Your Employer Will try to Change the Open Award

Employers will try to change even an Open Award in a workers’ compensation claim. They will normally do this through an Application to Terminate Benefits (or a Termination of Benefits Agreement) because you are able to return to work. The basis for filing this application will be a report from a doctor that you are able to do your job.

Why an Award Agreement is not Enough to Get Your Comp Benefits Paid In Virginia

In other articles we’ve spoken about an Award Agreement. That is a document which you may sign whereby you and the workers compensation insurance company agree that you are to be paid certain benefits under the Virginia Workers Compensation Act.

But just because you signed and returned and award agreement to the adjuster doesn’t mean you get paid. The employer still needs to sign it AND forward to the Commission AND then the Virginia Workers’ Compensation Commission has to convert that agreement into a formal AWARD ORDER. Then 30 days must pass before the Award Order is considered FINAL. Until that happens, almost any change in circumstance will result in the comp carrier reneging on their agreement to pay you, which means you have nothing.