Legal Question in Workers Comp in Virginia

job injury

I got hurt on my job in sept I was fell and broke my great toe. One of my co-workers went to tell the store mgr. and to get ice he asked her if I had dropped something on my toe and stated he would be right there. after waiting 10-15 mins. I limped to the front of the store were he was still sitting and talking with another store rep from another store and was ignored for another 5 mins. we made I contact still no response. I had to excuse myself into there conversation and ask for help. Pain shooting through my foot and up my legs couldn't sit couldn't stand just hurting. Finally he got up went to get some paper work sat at the end of the table ask me what happened and my complete name address (writing very slow) so slow that he kept apologizing for doing so! Then the other person got up went to the back got a list of placeI could go gave me 3 emergency rooms and asked if someone could come and get me. I tried to find someone and couldn't so I had to drive myself.they gave me some paperwork to take to the ER. I never signed a accident nor did I see one. In the papers that he gave me there was no authorization to treat when I got to th ER. I called back and asked about it I was told ER would call to verify. CAN I SUE?


Asked on 11/10/07, 1:03 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: job injury

You did not say if Workers Compensation Insurance ultimately covered the great big toe accident. I don't see any legal remedy for simple delay. If you have not already done so, you should file a claim with the Virginia Workers Compensation Commission. Your accident should be covered by workers compensation insurance. If the employer has that type of insurance, then filing a claim with the Commission is your exclusive remedy.

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Answered on 11/10/07, 7:40 pm


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