4906 Fitzhugh Avenue, Suite 201, Richmond, Virginia 23230
FREE CONSULTATION 804-593-5459 FREE CONSULTATION 804-593-5459

Author Archives: Gerald Lutkenhaus

Former legal aid lawyer for 17 years, I have now been representing injured and disabled workers for over 35 years.

If I Caught COVID-19 on the Job, Can I Collect Workers’ Compensation Benefits?

The COVID-19 pandemic has opened up a whole new avenue of potential workers’ compensation claims. If you believe you were exposed to coronavirus and caught the virus while on the job, then you might be able to collect workers’ compensation benefits. As we’re still in the early stages of this healthcare crisis, pinning down exactly […]

Will COVID-19 Change the Workers’ Compensation System Forever?

Even after the worst part of the coronavirus pandemic subsides, it will likely take many years to assess the ways it has altered American society and culture. Certainly, the effects on employment and the healthcare industry will be significant, so we should expect laws to change to address those changed circumstances. Accordingly, states might be […]

Can You Be Fired While Out of Work on Temporary Disability?

In the three-week period following the realization that COVID-19 would have a major impact on American life, more than 16 million people filed for unemployment benefits, far exceeding any short-term job loss that this country has ever experienced. On top of this, certain workers are not eligible for unemployment for one reason or another, so […]

For a Virginia Workers’ Compensation Accident, It Can Be All About the Medical History

Recently, I had three cases with the same Deputy Commissioner. All these cases contained a similar problem. The claimant had “not” clearly mentioned his injury in the early medical records. For example, in one case John Doe had said he had lumbar and abdominal pain. This complaint appeared in the “histories” taken by the first […]

Workers’ Compensation Injury — A Simple Fall at Work

I hear this all the time. My accident happened at work or I was injured at work. Why is my company denying the claim? The answer may not be obvious but there is an answer.  Being at work is just part of the basis for a worker’s compensation claim. The second part of the claim […]

Social Security Disability May Be Harder To Get In Richmond, Virginia

As a lawyer, I have been representing Social Security Disability claimants for over 35 years. It used to be you had a 50-60% chance to win a disability hearing in Richmond, Virginia. However, recent statistics from Social Security indicate the success rate in Richmond has fallen to 30-40% for claimants. Perhaps, this is due to […]

Workplace Injury Happens Frequently

Is a workplace injury a rare occurrence? Apparently not. A recent study by the National Safety Council reports an American worker is injured every seven seconds which amounts to 12,900 a day and 4.7 million a year.  This shows it is more important than ever to make sure your employer covers you with workers’ compensation […]

Virginia Worker’s Compensation Accident — Not Unknown Incident

A worker’s compensation accident is compensable an “unexplained incident”  is not. When a prospect calls me for help, I don’t want to find out the worker was injured and does not know what happened. This is especially a problem when the worker is working alone. Often, in this situation the worker is the only witness […]

Social Security Disability for a Mental Impairment

The basic test for disability for Social Security is the impairment must be so severe it renders the claimant incapable of working for more than 12 months. The problem I see with most people who call in with a mental impairment is they have a diagnosis of depression, anxiety or bi-polar. This type of diagnosis […]

The Workers Compensation Hearing — The Importance of the Record

Today, I had two (2) prospective clients contact me. They both had the same problem. They had already had their hearings and had both lost. In both cases the problem was the record. In Case Number One the claimant had fallen down the stairs at VCU. She claimed the accident occurred because the stairs were […]

X

Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

Quick Contact Form