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Jerry Lutkenhaus

Jerry Lutkenhaus

Rated Best Workers Comp Lawyer in Central Virginia
  • Social Security Disability/SSI, Workers' Compensation
  • Iowa, Virginia
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Virginia Workers Compensation and Social Security Disability Attorney for over 35 years, rated "superb" by AVVO, and rated best workers compensation lawyer in Central Virginia in Richmond Magazine. I have been representing injured and disabled workers on their claims, appeals and disputes in the Virginia Workers' Compensation Commission, Virginia Court of Appeals, Virginia Supreme Court, and the United States District Courts. Frequent lecturer for Virginia Trial Lawyers Association.

Practice Areas
  • Social Security Disability/SSI
  • Workers' Compensation
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
  • English: Spoken, Written
Professional Experience
Law Office of Jerry Lutkenhaus
- Current
Law Office dedicated to provide aggressive legal services for the injured and disabled worker in the areas of Virginia Workers Compensation & Social Security Disability
Managing Attorney
Central Virginia Legal Aid Society
University of Iowa
J.D. (1973) | Law
Activities: Student Legal Clinic
Iowa State University
B.S. | History and English
Honors: Phi Alpha Theta Honorary
Highest Rating for Legal Excellence AV
Martindale Hubbell
This reflects their highest rating for legal ability & ethics.
Superb Rating 10.0
Service Award
West Richmond Rotary
Slected as Best Attorney for Workers Compensation in Central Virginia
Richmond Magazine
This was based on a survey of 2,000 lawyers in the Richmond area.
Service Award
Central Virginia Legal Aid Society
Professional Associations
Virginia Workers' Compensation Inns of Court
- Current
Henrico Bar Association
- Current
Virginia Trial Lawyers Association
- Current
National Organization of Social Security Represenatives
- Current
Richmond Bar Association
- Current
Virginia State Bar
- Current
Iowa State Bar Association
- Current
West Richmond Rotary
Committee Chairman
Virginia Trial Lawyers Association
Guest Lecturer
J. Sargeant Reynolds Community College
Adjunct Professor
Articles & Publications
Social Security Tips for Workers Compensation Lawyers
Virginia Trial Lawyers Association
Virginia Workers Compensation Tips
Speaking Engagements
Social Security Disability for Workers Compensation Lawyers, VTLA, Richmond, VA
Virginia Trial Lawyers Association
Social Security Representative
Nationial Organization of Social Security Representatives
Legal Answers
176 Questions Answered

Q. February 2016 I was hurt at work, my injury was herniated disc (L4,L5) I have had two lumber surgeries.
A: You had a serious injury. You indicate you will have pain for the rest of your life. If you have an award, then you have lifetime medical coverage for this injury. You indicated you completed an FCE. This probably gave you permanent work restrictions. You are currently being job placed by the insurance company; however, you indicate you have found a job on your own and you wonder what impact this will have on a settlement. The insurance company looks at exposure. What will it have to pay you in compensation and what will it have to pay you for future medical expenses. If you have a "new light duty job" then the insurer may not have to pay any more compensation or it will have to pay less in compensation if you are not making your pre-injury salary. Thus, the new job unfortunately will cause the value of any settlement to be reduced because now the insurance company has less exposure. I am basing this opinion on representing claimants with serious injuries for 35 years in the state of Virginia. You need to obtain legal advice quickly before you mess up your case. Many attorneys (who only specialize in workers compensation) like me will provide you a free consultation.
Q. If I'm required to hire an expert to ensure I secure workers' comp benefits, does my employer have to pay for their fees
A: Unfortunately, the answer is no you cannot recover the costs of obtaining an expert to win your case. Of course, the employer and its insurer cannot recover the costs of their experts from you.
Q. What if we never hear from Social Security?
A: If you filed in August of 2017, then it usually takes Social Security at least 120 days to render its initial decision. Usually, it takes that long for Social Security to send for and receive your medical records. If your claim is denied, then you should contact a lawyer such as myself for legal representation. Contact Social Security at 1-800-772-1213 for the status of your case.
Q. Will I still receive a settlement from compensation for my back surgery after I return to work?
A: If your claim is in West Virginia, you would have to contact a West Virginia lawyer for legal advice. If you are able to return to work without "any" work restrictions even though you had a back fusion that would decrease the value of your settlement.
Q. Once a va workers commissioner rules in my favor do I get settlement?
A: Not necessarily. The insurer can always continue to pay you weekly benefits. If you have been released to Light Duty Work, then the insurer can attempt to job place you. Finally, the insurer can always send you out for a new medical opinion. You need to contact an experienced workers compensation lawyer to evaluate your case.
Q. I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another
A: While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.
Q. Am i entitled to a settlement if I been out of work for four months from a lumbar sprain the Dr's release me today
A: If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just to close the books on your claim, the insurer could offer you a minor settlement but they are "not" required to do so.
Q. I've been collecting my deceased husband's SS since retiring, but I will get more when I turn 70, right?
A: It is my understanding if you "delay" taking benefits until age 70 then you receive higher benefits. However, this does not appear to be your case since you did not "delay" taking benefits. You should of course check with your Social Security Office to make sure nothing higher is available. Perhaps, if you have not drawn under your own number, then your money under your own number will be higher than drawing under your husband's number.
Q. Won a work comp case, medical benifits awarded Dec 29,2016. Need surgery on fractured foot. They sent an ADR letter
A: If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.
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Contact & Map
4906 Fitzhugh Ave
Suite 201
Richmond, VA 23230
Telephone: (804) 358-0048