Legal Question in Workers Comp in Virginia
reporting workmans comp injuries
I received a back injury on the job today 6/15/04, the vp of my employer said to go to workmans comp doc, the president of the company overhearing the conversation, told me not to. He said that the doctor would do nothing but give me a prescription. Instead he said to go to his sister (a chiropractor) she would take care of me.. We called her from his office and the earliest she could get me in is tomorrow, more than 24 hrs after I injuried myself. Is this the correct procedure for handling my injury? I have been trying to medicate myself at home til my appointment tomorrow......Please help.
2 Answers from Attorneys
Re: reporting workmans comp injuries
The correct procedure for obtaining medical care is to request a panel of 3 doctors. From that panel, you are supposed to be able to pick your doctor. However, small employers often skirt this rule by doing something like what is happening to you. The only way to protect yourself is to file a claim with the Virginia Workers Comp Commission by calling 804-367-8615 and requesting the Claim for Benefits form. If this is a serious back injury, then you need to do this to protect yourself.
Gerald G. Lutkenhaus
Re: reporting workmans comp injuries
You would be very well advised to first see the workman's compensation medical doctor before you see any chiropractor. In fact you should absolutely insist on it, no matter how vigorously the president may attempt to dissuade you.
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