Legal Question in Disability Law in Virginia
Employee in hospital was told no disability.
My friend was admitted into the hospital a few days ago, the diagnosed her with a blood clot in her lungs, and told her she was to be on bed rest and no work for four months. She works at a gas station owned by a single person. The hospital gave her a case worker and told her she needs to get disability papers from her job, but when she went to do that she was told her boss does not participate in disablilty so therefore she was not going to get paid anything, so what are the laws on this? She works about 25-30 hours per week. Is she supposed to go without pay for four months? Thanks for the help.
1 Answer from Attorneys
Re: Employee in hospital was told no disability.
Unless your friend can demonstrate that the blood clot on her lungs derived from an accident
she incurred while on the job or is related to an occupational disease associated with her work, she would not be eligible to receive an award of workman's compensation.
Short term disability insurance programs which some employers carry to protect employees in situations similar to what you've described are optional(not mandatory like workman's comp)and many smaller employers like gas stations, unfortunately, simply are not able to afford them.
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