Legal Question in Workers Comp in Virginia
I injured my shoulder in Feb.2009 after about 3 months of physical therapy. The dr. decided to do surgery. After about 2 months I was released to work with restrictions, I continued physical therapy. all was going good. until recently. I re-injured my shoulder, I will see the dr. in a few days to find out exactly. I am not sure how I re-injured my shoulder but am pretty sure it didn't happen at work. I would like to know if workers comp insurance is still liable and what are my options. Thank You
3 Answers from Attorneys
It is CRITICALLY important that you not discuss this with the insurance company until you have consulted an experienced and knowledgeable Virginia attorney! The term "re-injury" has a specific legal meaning and if you misuse it you may not be covered for the treatment you need. What may have happened is a reoccurrence and could be covered, but it all depends upon the particular facts. It is important that you seek counsel even before you see the doctor as the history you give him or her will also make the difference as to whether or not your treatment will be covered by workers' compensation.
Peter Sweeney is absolutely right. You need to talk to an experienced workers compensation attorney (not just any attorney) or you will surely lose this claim. You can find more advice at www.virginiadisabilitylawyer.com.
I agree with these gentlemen. These cases can be very tricky and people without attorneys don't typically do very well representing themselves. Consult a good attorney before you do anything. Good luck.
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