Legal Question in Workers Comp in Virginia

I was injured in a fall on the job. After being off a few weeks, I return to work on light duty with a reduced work schedule per the company doctor advice. My Supervisor called the doctor requesting that I return to a full schedule because he did not believe I was injured at all. The doctor issued another return to work order and called me saying I am to start working a regular schedule without restriction. I am not fully recovered. What should I do?

Asked on 4/04/10, 7:38 am

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

You should file a claim with the Virginia Workers Compensation Commission. The Commission will make a demand on the Employer's Insurance company requesting that they accept or deny your claim. You should do this if you believe your injury is something that you will not recover from in a reasonable time. On the other hand, if your injury is something you will recover from in a few weeks, you may not want to go that route. You probably do want to stay employed. Even though it is illegal to discharge someone for filing a claim for a workers' compensation injury, this does not stop employers from terminating an injured worker for other reasons. You can find more information at my website You have two (2) years from the date of your accident to file a claim.

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Answered on 4/09/10, 8:00 am
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

The treating doctor controls the case in Virginia workers' compensation. If your doctor believes that you are capable of returning to full duty, then his opinion on this issue controls. I would discuss the particulars of your job duties with the doctor and tell him or her of your continuing complaints, then have the doctor re-consider the opinion.

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Answered on 4/09/10, 8:29 am

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