Answers Posted By Gerald Lutkenhaus

Answer to I was injured at work, but they had me submit FMLA papers. Have I forfeited my WC claim?

I understand you had a closed head injury on 8/30/12 which you did not realize you had right away. You went to the doctor and the CT scan was negative. The ER doctor did think you had a post concussion syndrome. On 9/18 you went to Duke ER and the doctor there agreed with the diagnosis. On 9/18/12 the employer asked you to fill out FMLA papers. FMLA allows you to leave work on unpaid leave for 90 days knowing your job will be there when you return. FMLA is not necessarily connected to WC. WC is essentially compensation both wages and medical for an injury on the job. I understand the WC insurer is now denying the claim thinking you may have a preexisting condition. Filing for FMLA is not a forfeiture of your WC claim. It simply means your job is preserved for you for up to 90 days. You can still file a WC claim with the Virginia Workers Compensation Commission as long as you file one within two years of your injury. You will need "medical proof" that you had an accident at work that caused your concussion and any work related disability. This is commonly done by your doctors filling out the WC Attending Physician attesting to your accident, diagnosis, and disability. For more information call me at 1-800-358-8862 or visit my website at

posted Oct 5, 2012 2:17 PM [EST]

Answer to Was laid off for Exhaustion of STD and it has not been a year do they have to give me a job back

The law for preservation of your job is the Family Medical Leave Act (FMLA). This provides to an injury, illness, and family emergency you should not be laid off for being absent for 90 days or less. If you have been absent more than this then the FMLA provides no protection. An employer can give you more protection then 90 days but most don't. If you have a disability but could do your job if the employer would accomadate your disability, then you may have a claim under the Americans with Disabilities Act (ADA). I don't practice law in your state and you should talk to an employment lawyer in your state. This is not legal advice but information only.

posted Apr 20, 2012 12:56 PM [EST]

Answer to Can I be docked for scheduled days off?

Dear Sir or Madam:

You need to check with the Virginia Department of Labor and Industry. It has a wage and hour department that can address your problem. This is the link.

Jerry Lutkenhaus
Virginia Workers Compensation Lawyer

posted Jul 15, 2010 6:35 PM [EST]

Answer to Is a company obligated to pay out accured vacation time at the time of a lay off?

You should check withe Virginia state hour and wage division.

posted Jun 28, 2010 7:52 PM [EST]

Virginia Employment Lawyers

Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
Charlottesville, VA

more Virginia Employment Lawyers