Legal Question in Workers Comp in Virginia

Hello, I am in the medical field I work at a hospital. I was injured while transferring a patient. I was placed on light duty and the delegated by a nurse to go outside the light duty restrictions because another nurse was supposed to help me. In turn I was injured again. I did go seek treatment on the 1st injury (that placed me on light duty) but workman's comp insurance company is denying to pay that provider. Since then I have my employer have assigned a 3 panel doctor and I have been getting physical therapy. (physical therapy has been delayed because of the workman's comp insurance)

Is this allowed? the only provider (an urgent care that is not affiliated to the hospital) I went to, that did x-rays and gave me medicine is being denied. Anything I can do? I missed out on prepaid vacation and school because of my injury. I also had to use a lot of PTO time pass the 7 days.

Asked on 5/23/17, 11:18 am

2 Answers from Attorneys

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

It is not clear whether your entire claim is being denied or if just the medical care prior to the offer of a panel is at issue. The employer/insurance company may, but does not have to, offer you a panel of three physicians, from which you must choose one. That becomes your treating doctor. Prior to the offer of a panel, the insurance company is liable for any medical treatment you have already received. And if the panel is offered more than two weeks after the insurance company/employer learns of your accident, then the offer of a panel may be too late. As for the first 7 days, you are not entitled to compensation for those days until you have been out of work for more than 21 days.

It sounds like you need to consult a knowledgeable attorney before you get too deep into things.

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Answered on 5/23/17, 12:29 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

If you have a Virginia claim for an injury, then you need an AWARD for this injury. This AWARD gives you lifetime medical coverage for your injury provided you get authorized medical care. If you do not have an AWARD, then you need to file a claim with the Virginia Workers Compensation Commission and obtain an AWARD.

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Answered on 5/26/17, 7:07 am

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