Legal Question in Workers Comp in Virginia

how long do i have to be out of work before i get payment

Asked on 4/18/10, 8:29 am

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Dear Sir or Madam:

If you are out of work (by a doctor's note) then normally, the insurance company will pay you within a few weeks. This is so unless there is some question about their liability for the accident you suffered. However, if the Employer forwards to the insurance company an Accident Report describing your accident and a Wage Statement and the doctor forwards to the insurance company a Medical Report with his diagnosis about your accident taking you out of work then the insurance can start paying you starting the 8th day after the accident. The insurance company does not have to pay for the first 7 days unless you miss 21 days. It is a good idea to check and see if the Accident Report, Wage Statement, and Medical Report have been sent in to ensure there is no delay.

This is based on my 35 years as a Virginia Workers Compensation Lawyer.

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Answered on 4/23/10, 1:47 pm

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