Legal Question in Workers Comp in Virginia
Independent Medical Evaluation
I was injured on the job on april/2002, reported it same day but nothing was done..I continued to work since I was ignored and afraid to take it further. on Oct/02, I reinjured my back badly (3-bulged discs) and leg become numb. I reported it 2-days later since a weekend was involved.. My hearing finely was hear in June/03.. I am now being sent for a IME (independent medical eval.) a doctor of my formers employers (they terminated me after I filed) insurance company. I know this doctor is going to be bias! How do I act and make sure I am being treated fairly. Also, how do I take my former employer on for firing me for filing a wc claim..they are saying I violated I.T. Policy..(I never saw a policy) nor was there one? thanks,
2 Answers from Attorneys
Re: Independent Medical Evaluation
It is common for an insurance company to send you to one of their doctors to check out your injury if there is some question about your case. Since you have two different injuries, that itself raises a question. You need to call a Virginia Attorney such as myself 1-800-256-8862 who specializes in workers comp law to discuss your case. You also may need to discuss your termination with a wrongful discharge attorney.
Gerald G. Lutkenhaus
Re: Independent Medical Evaluation
You should arrange to consult with an attorney knowledgeable in Virginia Workers' Compensation law on both of the questions which you've asked as neither one is reliably answerable without more information.