Legal Question in Workers Comp in Virginia

Due i have two claims. I am a cdl driver an i was in an accident in november 09 i went to the doc on my own two days after keep working.In december i had pain in my neck an shoulder an ankle went back to the doctor they said i needed pt. Was put on light duty at my job fell at work while i am out on light duty been out now 4 months because of the fall i have a torn r c. what should i do?


Asked on 4/01/10, 12:36 pm

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

I hope you reported your accident to the Employer. If nothing has been done, then you need to file a claim with the Virginia Workers Compensation Commission. You can file this claim online. I understand from your MVA you had a neck, shoulder, and ankle injury. I understand you then fell and suffered a rotator cuff injury. You did not indicate why you fell at work. Hopefully, this accident was also accepted by the insurance company. If not, you need to call and find out what the status is. If you are not receiving compensation, then you need to find out why. For additonal help, contact my website at www.virginiadisabilitylawyer.com.

Jerry Lutkenhaus

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Answered on 4/06/10, 1:42 pm
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

You may have two claims if both of them occurred as a result of your work. You need to report each claim to your employer within 30 days. From the facts that you have given your situation is tricky and is not one you should try to handle yourself. In my experience the insurance company will try to play one claim off against the other so be careful. I would suggest that you contact an experienced and knowledgeable Virginia attorney to handle these claims. I will be glad to answer any questions you might have.

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Answered on 4/06/10, 2:26 pm


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