Legal Question in Workers Comp in Virginia

lower back

I work in VA and live in NC.I had a back injury 10 months ago,was told i had a very large herniated disk L5. was out of work only 2 weeks with servier pain lower back and legs. But still suffered from pain when sitting for more than an hour or so for several months. the back pain is gone for the most part, but still have numbness in legs when riding for more than an hour. The DR I was seeing put me on light duty for the past 10 months and now he says medium duty(50 lbs max. 25 lbs freq.) permant I guess.I'm a welder/fabracator 10 years exp.,which means alot of heavy lifting req. With this permant ristrication what does that mean for me.


Asked on 2/15/08, 10:15 am

2 Answers from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: lower back

You may have a claim in NC as well, and can draw from the state that has the best benefits, depending on the facts of your case. If your contract for hire was made in NC, if your principal place of business is in NC or if the employer's principal place of business is in NC, you should file a Form 18 with the NC Industrial Commission ASAP. You should call an experienced attorney to consult in any event. You can link to the NCIC website from our links page at ncworkcomp.com. Good luck!

S. Neal Camak

Lennon & Camak, PLLC

Raleigh, NC

Bd. Certified Specialist in NC Workers' Compensation Law

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Answered on 2/18/08, 5:33 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: lower back

It is essential for your claim to be recorded with the Virginia Workers Compensation Commission. I assume you were injured in Virginia since you said you work in Virginia. Even though the claim may have been accepted by the insurance company, it does not mean an award has been entered by the Commission. You can contact the Commission and find out if an award has been entered in your case. This would give you lifetime benefits for your injury. If you have a permanent restriction from this injury and if that permanent restriction prevents you from doing the work you were doing at the time of the accident (even though you can do lighter duty work), then you may be entitled to compensation for the difference between your Light Duty Wages and Your Regular Duty Wages. You have two (2) years from the date of the accident to file a claim with the Virginia Workers Compensation Commission.

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Answered on 2/15/08, 11:13 am


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