my boyfriend hurt his back a couple of years ago at work. They sent him to the doctor and they told him that it was a pulled muscle. Well he still hurts so bad that he comes home in tears. I finally talked him into going to the doctor on his own and they found ruptuered and herniated discs in his back. Is the company he works for still liable for this injury and how do we go about fixing the problem if they are?
3 Answers from Attorneys
Yes. His employer is still liable for the injury but you may have a fight on your hands about paying for the doctor he went to for the diagnosis of a herniated disk. From what you describe, you may have a good legal argument to force the insurance company to pay for this doctor but you will need an experienced workers' compensation attorney to accomplish this. If you have any questions, please feel free to call me.
If two years have not already elapsed since your boyfriend incurred this
injury on the job, he should file ASAP his claim for workman's compensation
(if he has not already done so).
You said the injury happened a couple of years ago. Under Virginia law, a claim must be filed within two (2) years of the date of the accident. If your boyfriend did not file a claim, then he may have waited too long. However, if his employer never filed an accident report with the Virginia Workers Compensation Commission this could excuse the late filing of the claim. If it took you two (2) years to find out he had ruptured discs in his back he may have an evidentiary problem. He may not be able to get a doctor to say the accident he had two (2) years ago caused the rutured discs that were just found. He may have a real problem establishing "medical causation" btween the accident and the ruptured discs. Check my website at www.virginiadisabilitylawyer.com.
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