Statutory Employer: A legal term of art that can help a worker qualify for benefits. A statutory employer is a “person or business owner that hires or contracts out work to another person or subcontractor to perform work that is either: 1) part of his own trade, business or occupation; or 2) to fulfill a …
Seven Day Waiting Period: Injured workers do not get paid if they are only injured and off of work 7 days or less. Compensation starts on the 8th day. If the injury and resulting time off of work lasts more than 3 weeks, the worker gets compensation for that first week. Show Cause: “An …
Residual Market: “The residual market (also known as the assigned risk market) is a market of last resort for employers who cannot otherwise get workers’ compensation insurance. “Residual markets require insurers writing specific coverage lines in a given state to assume the profits or losses accruing from insuring that state’s residual risks in proportion to …
Rating: Impairment Rating. SEE THIS VIDEO to learn more about impairment ratings. Rejection of Coverage: A form filed an executive officer of a business that the officer chooses to be excluded from coverage from workers compensation. Executive officers are a president, vice-president, secretary, treasurer or other officer, elected or appointed in accordance with the …
Penalty: Insurance companies that fail to pay an injured worker within two weeks after payment is due, can be ordered to pay a 20% penalty. Penalties can also be imposed on employers who fail to have Worker’s Compensation insurance and failing to file reports. The failure to file proper reports can also be assessed against …
Peer Review: The Virginia Workers’ Compensation Act allows for a review program in cases of disputes over compensation for medical providers. Hearings are held before doctors who also treat injured workers. The program is under the guidance of a committee appointed by the state legislature. This committed includes doctors, and representatives from the employee, employer, …
Panel of Physicians: A list of doctors that the employer provides to injured workers. The panel must include at least three doctors. The injured worker has to pick a physician from the panel. If the employer does not provide a panel, then the employee may see a doctor of his or her choice. The treating …
Occupational Disease: A disease or illness during worker’s employment that is work-related and “not an ordinary disease of life to which the general public is exposed outside of the employment.” Note these cases are not so easy to prove, but they do exist. Out-of-Pocket Expenses: Money the worker pays for medical care that the …
Narrative Medical Records: The reports written by your doctor about your diagnosis, treatment and overall medical condition. These reports are filed with the Commission as a part of your case and provided to the insurer pursuant to the Rules of the Commission. Notice: “Every injured employee or his representative shall immediately on the occurrence …
Maximal Medical Improvement (MMI): Many injuries do stabilize over time – this means additional medical treatment is unlikely to improve the worker’s health problems. “Once an injured worker reaches MMI, a physician can assess how much, if any, permanent partial disability resulted from the work injury.” Mediation: Another word for Alternative Dispute Resolution …
5500-B Greenwich Rd.
Virginia Beach, VA 23462
If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.
