Legal Question in Workers Comp in Virginia

Back injury

I have had severe back pain and have for over 6 months. I am afraid to file a claim with my employer, although my back pain is very bad - hurts to sit and stand. I fell while working in December and since then my back is in horrible pain - daily. I deliver beer and there is NO light duty - what alternative do I have.


Asked on 4/02/09, 2:22 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Back injury

If you have an injury at work, tne first requirement is to report it to your employer so that an accident report can be filled out and so you can receive immediate medical attention. If you do not report it immediately the employer will often claim you were not injured on that job. Also, if you do not go to the doctor, then there is no proof of an injury. Thus, if you have not done the above, it now may be difficult to prove you had an injury on the job. You may want to go to a doctor immediately and find out how serious your injury is. However, if you never reported this injury to your employer, it may be too late to do so now. You do have two (2) years from the date of the injury to file a claim with the Virginia Workers Compensation Commission. But you will have to show you gave the employer Notice of your Injury. I am basing this on 35 years of practice as a Virginia Workers Compensation Lawyer.

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Answered on 4/02/09, 2:48 pm


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