Workers’ Compensation | Joe Miller Law, Ltd.

Responsibilities of an Injured Employee

Injured employees in Virginia must meet several basic requirements in order to be eligible for benefits. An experienced Virginia workers’ compensation benefits will work to help employees comply with these requirements. The lawyer will answer your questions and work to maximize the amount of total benefits. Give notice to the employer as soon as …

What Does Permanency Rating Mean?

Our latest video update helps explain what a permanency rating means in Virginia and North Carolina Workers’ Compensation cases: Here’s the full transcript of the video: Hi. Once again, this is Joe Miller, trial attorney, worker’s compensation attorney in Virginia and North Carolina. I want to talk to you a little bit today about the …

What Do I Do If My Workers’ Compensation Check is Late?

Please watch this video to learn more about what you can do if your Workers’ Compensation check is late in Virginia or North Carolina. Read the full video transcription here.

Enforceability of North Carolina Worker’s Compensation Mediation Agreements

Once everyone has agreed to the terms, the employee wants to make sure the employer or the carrier doesn’t back out of the deal. Sometimes, after mediation, the employer will decide they want to change the terms for some reason. With the help of legal counsel, a properly prepared mediation agreement can be enforced. This means the employee can force the employer to comply with the terms of the agreement in front of the Commission and ultimately in a Court of Law.

North Carolina Worker’s Compensation Mediation Agreements and Unpaid Medical Bills

The mediation agreement, in North Carolina Worker’s Compensation cases, is required to address the issue of unpaid medical bills. The employee, with the help of legal counsel, will make sure the agreement states that the employer and the carrier will immediately pay any and all outstanding medical bills related to your work injuries.

How Beneficiaries for Death Benefits for a Job Injury in NC are Determined

When it can be shown that the decedent’s death was related to the worker’s job injury or occupational illness, the beneficiaries are entitled to death benefits according to the following priorities, according to NCGS 97-39:

1. Persons who are wholly dependent on the deceased employee’s earnings for support at the time of the accident get the full compensation benefits in equal shares and nobody else has a claim.

Back to Work – Settlement Keys for Return to Work Cases – Physical Restrictions

Workers really need to make sure they properly assess any back-to-work restrictions the doctors impose for settlements – in cases where the worker can return to work with some physical restrictions. In this scenario, the lawyer and worker have calculated the reasonable future comp payments, and future medical costs and any other costs.

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:

You Can Still Get Virginia Workers’ Compensation Benefits If You Have a Pre-Existing Injury

Virginia is actually fairly liberal on this issue. If you can show any aggravation of a pre-existing injury, then you are entitled to your FULL workers’ compensation benefits.

The basic keys to your claim: