Legal Question in Workers Comp in Virginia

I was helping my boss set up a temporary beam for a roof. He was using a tractor to lift the roof. I had to stop and grab a block to put under the beam . He set the roof down and then hit the hydrolics on the tractor and the forks came crashing down on my head a 8 foot fall and they weight at least 400lbs. I have a three inch split on the top of my head and suffered my first concussion. He asked me not to go to the er when it happend. But the next day when I went back to work my symptoms of concussion were so bad I couldnt work so I visited the ER. Its been almost two weeks he hadnt said anything about paying for the bills. Yesterday I asked him how he planned on handling it. He said that before he paid anything that I had to write a letter to the hospital stating that I couldnt pay for my medical bills and if they would please lower them. Only after that would he compensate me for lost time and medical expenses. I asked him to just file workers comp in a text and that I wasnt comfortable being dishonest with the hospital. He sent me a text back suggesting I take time off from work. Do I have the grounds to sue him for more than medical bills and the days I missed from work monetartily. I suffer from post concussion symptoms everyday Im being completely honest and gave him more than enough time to make up his mind on how to handle this. I feel I have been kicked to the curb and for that I wish to sue its just not fair.

Asked on 11/07/13, 3:05 pm

3 Answers from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

If you were an employee, and not an independent contractor, then you should not be relying on your boss to take care of you, particularly if you have suffered a concussion. You need to immediately speak to an attorney familiar with Virginia workers' compensation to protect your rights. More than likely either your boss has not reported this to his insurance company so his rates won't be affected or he has no workers' compensation insurance and is trying to conceal that from you. Remember it is your responsibility, not your boss's, to file your claim for workers compensation. Feel free to call if you have any questions.

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Answered on 11/07/13, 10:23 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

It appears you were an employee at the time. If your employer did not have more than two employees, then he was not required to have WC Insurance on you. He still could have it. If he does not have more than two employees, then he was not required to cover you with WC Insurance. You may have a right to sue him for causing your injury if he "negligently" caused your injury by dropping this on your head. You could have that right if he has no WC Insurance. You have a concusssion and you may have a brain injury so it is something you definitely want to consider pursuing. Whether or not an attorney would be willing to sue your employer depends upon whether the case can be proven and whether there is a reasonable chance of recovery. You can contact me for more information at:

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Answered on 11/08/13, 6:50 am
Michele Lewane Injured Workers' Law Firm

The answer is yes you need to speak to an attorney asap! Please feel free to contact me at our office and to our web site to get my book.

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Answered on 11/08/13, 10:37 am

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