Legal Question in Workers Comp in Virginia

I injured my shoulder at work lifting something heavy and have been seeing the doctor and physical therapist who put me on light duty. At the time i did not have my own health insurance so the company is paying for my visits, and paying me only for the time i was at the appointments and travel time. Should i be getting paid for the hours I missed on the days of my appointments due to the pain and soreness i had after the visits that caused me not to be able to work those days?


Asked on 2/04/10, 1:43 am

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Dear Sir:

It is difficult to get paid on a Virginia Workers Compensation claim unless you obtain a note from the health care provider excusing you from work for the time missed. You need to explain to the health care provider that the PT is causing you to miss work and try to obtain a slip excusing you from work for the following day. It is always important to file your claim for benefits with the Virginia Workers Compensation Commission (within two years of your accident. For more information, contact my website at www.virginiadisabilitylawyer.com.

Jerry Lutkenhaus

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Answered on 2/09/10, 6:23 am
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

Mr. Lutkenhaus is correct. However, from your question it seems that your company may not have turned this in to their workers's compensation insurance company. That means that you have no legal protection for your injury. I would look into this with an experienced and knowledgeable Virginia workers' compensation attorney.

Missing time from work due to pain and discomfort should be covered but it is not unless there is a statement from the doctor keeping you off of work. Don't forget that you are also entitled to be reimbursed for the round-trip mileage for your trips to the doctor and physical therapy.

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Answered on 2/09/10, 1:33 pm


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