Legal Question in Workers Comp in Virginia

I am currently out on Short Term Disability due to a hip surgery. My employer has refused to let me come back to work due to restrictions and accommodations I have from Dr. So therefore I am trying to get approved for Long Term Disability. This is my second hip surgery while working this job and was wondering if I had any other routes to pursue legally because I believe these surgeries are due to job. Although my doctor has noted each time these issues were not the cause from an injury but a chronic condition called hip dysplasia. But I believe my job exasperated this condition. Do I have a case of any sorts?


Asked on 11/07/12, 9:02 am

1 Answer from Attorneys
Michele Lewane Injured Workers' Law Firm

Aggravations of preexisting conditions are covered under Virginia workers comp if it occurred as part of an accident at work- a specific immediate event but not for repetitive wear and tear injuries. There are some notice and time deadlines as well so if the aggravation is due to an accident you need to talk to an attorney ASAP.Another avenue is to file for social security disability. If you want more information what types of injuries are covered under workers comp, you can order my free book at my website injuredworkerslawfirm.com

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Answered on 2/20/13, 7:06 am


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