Legal Question in Workers Comp in Virginia
I was recently employed by a dog obedience school/kennel, and one my very first day got attacked by one of the dogs. I ended up in the hospital with 2 fractures and multiple lacerations (9 stitches total). My work has been paying for my doctor visits but haven't offered me any compensation. Everyone says that I should sue them, what do you think? The dog didn't have any owner, and was up for adoption by my work place. I didn't sign anything before I worked there, and my boss left me unsupervised with the dog during my training. Should I sue? About how much would I get if I sued them? My case is that I missed out on at least a month's worth of work/pay, some of the damage might take 6-9 months to heal, pain and suffering, incompetence on their part, and emotional damage.
1 Answer from Attorneys
If you were an employee of the school then you cannot sue your employer. Suits against employers for on-the-job injuries are prohibited in Virginia. You may, however, have a workers' compensation claim. Workers' compensation would pay for your medical bills and pay for 2/3 rds of your wage loss while you are kept out of work by your doctor. You need to consult an experienced Virginia workers' compensation attorney and you need to make sure you file your claim with the Virginia Workers' Compensation Commission within two years of your attack.