Legal Question in Workers Comp in Virginia
Do I need an attorney
I have been off work for 8 months because of a back injury. I had surgery and now the condition is worsening once again. Recently my place of employment called me and told me that I have been let go, because I have no return to work date. Can they ''terminate'' me based on all of this? I have 10 yrs of service to this company. I also have been collecting workers compensation for 8 months.
2 Answers from Attorneys
Re: Do I need an attorney
I have been a Virginia Workers Compensation Lawyer for 35 years. In your question you did not say if you were receiving workers compensation for this Virginia Workers Compensation injury. If so, you should be under an AWARD from the Virginia Workers Compensation Commission. If you are not under such an AWARD, you need to be. You can obtain such an AWARD by contacting me or the Virginia Workers Comepensation Commission. You have two (2) years from the date of your accident to file such a claim with the Virginia Workers Compensation Commission. If your condition is worsening and you cannot return to work, the Employer generally in Virginia has no duty to find you a Light Duty Work job with your injury. You indicated at this time you have not been released and cannot do your regular duty job. You may want to contact a wrongful discharge attorney (and I can give you some names) who specializes in that area. If you are on workers compensation, the workers compensation insurance carrier could of course pressure your Employer to keep you employed.
Jerry Lutkenhaus
www.virginiadisabilitylawyer.com
Email me at: [email protected] for a Free Consultation
Re: Do I need an attorney
yes
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