Legal Question in Workers Comp in Virginia

Re:do I need an attorney? (2)
I have been off work as of Aug 08, from a back injury suffered at work April 28 08. The work is contracted and I had been signed to a contract running from August 08-May09(obviously I could not work). Now I have been served with notice that I have been let go, due to not having a return to work date. I am receiving WC benefits, but have no idea for how long. I had surgery to correct the problem in Feb 09 and it has proved not to correct the problem. Do I have a case of wrongful termination?

Asked on 5/26/09, 10:42 am

3 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

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Re: Re:do I need an attorney? (2)

Based on my 35 years of Virginia Workers Compensation experience, I think you should obtain an attorney both for your workers comp claim and possibly for wrongful discharge. I assume you are under a Virginia Workers Compensatition award. You indicate you had surgery in February 2009 to correct the problem but you are still out of work. Generally, the company has no duty to maintain your job indefinitely. Under the Federal FMLA law, the job only has to be maintained for 90 days. As a workers comp specialist, I can tell you the only duty the workers comp carrier has is to maintain your WC benefits as long as you need them provided you are under an Award.

Please email me for more information and for a free consultation.

Jerry Lutkenhaus

[email protected]

www.virginadisabilitylawyer.com

Answered on 5/26/09, 11:25 am

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