Legal Question in Workers Comp in Virginia

Back surgery

I had two herniated disk and a compressed nerve, I had a decetomy to decompress my nerve, the surgery made my nerve worse and my disk are crushed my doctor says. I could have permanant damage since the insurance co waited so long, 5 months to approve the proceedure ''my dotor told me that'', The nerve can also take 6 months to heal if it does. Can there be any liability towards them for the delay?? I'm a young construction worker that went from 90k a year for 5 years now i cant even drive my own car lol.


Asked on 3/02/09, 5:09 pm

4 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Back surgery

Probably not. You should have an attorney help you with the work comp case. Good luck.

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Answered on 3/02/09, 5:33 pm
Michele Lewane Injured Workers' Law Firm

Re: Back surgery

Unfortunately no. However, you have a significant injury and need to make sure you are protected. The injured worker has the burden of proof and there are statutue of limitations as well. There are many benefits and the insurance company does not have any obligation to tell you . My reccomendation is to obtain an attorney to find out what your rights and obligations are.

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Answered on 3/02/09, 6:01 pm
Michele Lewane Injured Workers' Law Firm

Re: Back surgery

Unfortunately no. However, you have a significant injury and need to make sure you are protected. The injured worker has the burden of proof and there are statutue of limitations as well. There are many benefits and the insurance company does not have any obligation to tell you . My reccomendation is to obtain an attorney to find out what your rights and obligations are.

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Answered on 3/02/09, 6:01 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Back surgery

I can tell you based on 35 years of practice as a workers compensation attorney in Virginia you cannot sue your employer for your injury if he provides workers compensation for your injury. For further advice contact me through my web site at www.virginiadisabilitylawyer.com or email me at [email protected]

Jerry Lutkenhaus

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Answered on 3/03/09, 9:57 am


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