Legal Question in Workers Comp in Virginia
My husband was injured on the job in July 2008. He did not immediately go the Dr. instead he tried to care for himself with a tens unit and traction at home. There was a report made to his immediate boss and the owner at the time of the accident. Infact it was his immediate boss who pulled a truck out from under him and he fell about 4 ft. He did not miss any work. Once he could not stand the pain any longer he told his boss (owner) that he needed to go be seen. She sent him to a WC Dr in our area and attempted to pay "out of pocket" and not submit it to her WC carrier. Once an MRI and injection was necessary she tried to say he didn't need it. Eventually the Dr. was able to get the claim thru WC and the MRI and inj ordered. He was started on medication (pain, muscle relaxers). These did not have a significant impact and so he was sent on to a pain Dr. who wanted to do ESI injections, this was a fight with the boss (owner) but was eventually approved. When these were completed it was ordered that he obtain a denervation inj this again had to be fought for and was eventually approved. All the while this boss has argued with my husband the need for him to see both Dr's, this has been brought up multiple times by her. She has also not compensated him for his time missed for his Drs appt and days he has not been able to work due to being status post inj. My question is can she badger him about seeing the WC and pain mgmt Dr? Is it legal and is she suppose to reimburse him his missed time? He has recently had a heart issue where he was in the hosp last week and not able to work this week. He had planned to use his "sick" days for this last event but she has told him today that she used his sick time for where he was going to the dr for the WC injury. Now, he is a salaried employee where he has worked way over his required hours and never compensated but then she docks him time when he is made to go home when work is slow and/or Dr appts.
1 Answer from Attorneys
If your husband's employer is charging his time off for medical appointments to his earned sick leave then that is wrong as that means he is paying for his own workers' compensation. He is entitled to workers' compensation for his time off for medical appointments. As for the badgering, there is no specific law against this but it is not uncommon when an injured worker is unrepresented by legal counsel. I am concerned that the right paper work has not been filed with the Virginia Workers' Compensation Commission so it would be best if you consulted an experienced and knowledgeable Virginia attorney about this matter.
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