Legal Question in Workers Comp in Virginia

No, not if your "impaction" was due to the downsizing of the company(in my opinion).

Dear Sir:

If you returned to your regular job after the injury, then you may have no rights. If you returned to a light duty job, then you may have additional rights. You have two (2) years from the date you were last paid compensation under an Award to file for a change of condition application. If your foot or ankle has permanent damage then you can file for payment for the permanent damage provided there is a rating by a doctor. You have three (3) years from the last date you were paid compensation to file to be paid for your rating. If you have an Award for this injury, then you are still covered for medical care for this injury.

Thus, you need to call the Virginia Workers Compensation Commission and check on your Award or Awards for this injury. You can also ask the time limits for filing claims.

Jerry Lutkenhaus

www.virginiadisabilitylawyer.com

It is not clear from your questions what you mean by being impacted. Your time off work for surgery may be covered by workers' compensation if you are still within certain time limits. But if you are suggesting that you were laid off because you were out for surgery, whether or not you may be entitled to workers' compensation while you are laid off depends upon a number of factors which are not clear from your question. You should consult an experienced and knowledgeable Virginia attorney about this as soon as possible.