Legal Question in Workers Comp in Virginia
If I twisted my knee and foot on the job in 2011 and never reported the incident but am now experiencing increasing problems with my knee, is it too late to notify my employer and file for workmans comp? What is the likelihood of being able to prove that my current physical problems were caused by twisting my leg while performing my job?
1 Answer from Attorneys
In Virginia you had 30 days to report your accident in writing to your employer. If you did not do that then the employer can raise the lack of notice as an effective defense to your claim. As for proof that your current problems are due to the 2011 accident, that is really a medical question. Your physician would have to convincingly relate the problems back, but you would still have to deal with the lack of notice defense.
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