Legal Question in Workers Comp in Virginia
Where can I find help?
I was injured 4/06, rotator cuff tear still not medically stable. Everything was fine until Dr said to try going back despite my continued pain. Of course ins. co stopped paying time loss but is still paying medical. Employer had already replaced me so no job to go back to. 4 months later I still can't get the ins co to authorize a 2nd opinion. I've tried to find a lawyer but no one wants the case I guess because it won't be worth much money. It was a part time low wage job. I filed a state claim but I'm absolutely lost what to do. How do I get someone to represent me or at least guide me? I know for sure my time loss was underpaid and the Drs office has no record of him releasing me formally so I think I'm getting shafted. Where do I find help?
1 Answer from Attorneys
Re: Where can I find help?
You were injured on 4/06 but doctor released you to return to work despite your pain. There is no job to go back to. You indicated rotator cuff tear. If so, this usually means an operation. You did not indicate if operation was done, but I will assume it was. You indicated it is still painful. This is controlled by the doctor's opinion. Thus, the best thing to do is to go back to the doctor and request (1) pain management; (2) therapy; (3) referral to another doctor; or (4) a test to check out reason for pain. Again, the doctor controls the medical management of your case. The law does not entitle you to a second opinion but if this doctor refers you for a second opinion then the ins co would have to pay for it. You are right if it was a part time job your claim would probably be so small that almost all attorneys will turn it down due to the fact any recovery would also be too small. You have filed a claim with the Virginia Workers Compensation Commission but you will need a "medical report" justifying your need for more medical care.
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