Legal Question in Workers Comp in Virginia

Failure to Provide

I suffered a lower back injury as a result of a fall at work on 2/13/03. Workers comp is no longer providing any authorization for medical coverage and has not provided any lost wages. The Virginia State Workers comp deputy commissioner (after two hearings) has granted me medical coverage for as long as necessary and some lost wages for a specified time period from the past. Problem is, even with what seems to be unspecified issues with the attorney representing me ''avoiding'' my calls/faxes/emails for additional assistance, the workers comp insurance is not honoring the commssioners final ruling. It seems my attorney has given up without word to me leaving me in limbo. I have been out of work for the past 16 mo. of the 48 months since the accident occured. Though it has been documented that my work related injury is legitimate and compensable, the insurance company continues to drag this out providing very little to nothing (medical or lost wages) with my legal representation costing me what little savings I have left. Thought about another attorney, but would cost additional just bringing him up to speed. In Virginia, legal fees are not reimbursable regarding workers comp. have been told win or lose. Any suggestions? Thank You


Asked on 2/14/07, 3:30 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Failure to Provide

Dear Sir:

Since you are being represented by another attorney my answer is going to have to be generic. You are correct in saying in most cases the attorney's fees does come out of the compensation you receive in Virginia. You said you were paid for some lost time in the past due to your 2/13/03 accident. You have two (2) years from the date compensation was last paid to file claims for additional compensation. If you were granted a lifetime medical award, then you can file a claim with the Virginia Workers Compensation Commission providing the Commission a report from your doctor saying what medical care you need that has been denied by the insurance company.

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Answered on 2/14/07, 4:52 pm


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