Legal Question in Workers Comp in Virginia
In a workers compensation injury case .....are secondary medical issues covered under the Virginia Workers Compensation laws? Example: if I injured my shoulder, had to have surgery & have some nerve damage, and now I am having problems with my neck & other shoulder due to over use & over compensating for my inury.....would the neck & other shoulder be considered part of my claim and be covered?
Thank you
2 Answer from Attorneys
Virginia has the "compensable consequences doctrine" which recognizes that direct consequences of an injury can become compensable. If an overuse syndrome, for example, is proven by a preponderance of evidence to be a result of the effect of the primary injury, it may be covered. There are limits, however, to this doctrine and you will need to consult a knowledgeable Virginia workers' compensation attorney to determine if this doctrine can apply to your situation.
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