Legal Question in Workers Comp in Virginia

I was injured while working in May. I am a vendor rep and was working in a store that I do not directly work for. There was an incident report filled out by the manager of the store I was in with witnesses and the report names their employee who is at fault. My lower back and left leg are still causing me tremendous amounts of pain. I have filed (successfully) a claim with WCC. I am a full-time student and my job was part-time (about 10 hours/week). The MD has prescribed "Work Hardening" for PT 8 hours/day, 5x/week. I cannot physically do this and this time commitment will drastically and negatively impact my studies.

What are my options?

Can I get a second opinion (though I have been asking for one)?

Do I have grounds for compensation from the company where I was working?

Asked on 9/30/13, 8:12 am

1 Answer from Attorneys

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

Your situation is more complex than you may realize. You may have a legal claim against the store where you were injured but that depends upon a number of factors which you do not mention. Under Virginia workers' compensation you have no right to a second opinion at the expense of the workers' compensation insurance company. Whether or not you are entitled to wage loss benefits also depends upon a number of factors which you do no mention.

You need to consult with an experienced Virginia workers' compensation attorney who can review your claims and then explain your options.

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Answered on 9/30/13, 8:19 am

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