Legal Question in Workers Comp in Virginia

at work injury

I broke my big toe at work. I feel I have more damage to my foot (other than the fractured toe). I'm seeing a comp. approved orthopedist. If I ask the doctor for a referral to see an orthopedist or other specialist for more testing (EMG, NCV) is he obligated to provide me with a referral, and does that doctor also have to be comp. approved? Also, should I expect to be compensated for anything other than workers comp. pay? Finally, if I move, is the insurance co. obligated to provide me with an approved doctor closer to my new residence? Thank You!


Asked on 1/13/09, 8:19 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: at work injury

Dear Sir:

As a Virginia Workers Compensation Attorney, I would recommend that you contact the Virginia Workers Compensation Commission to find out if you have an award for your toe injury. If not file a claim for one immediately.

The award will give you lifetime medical care for your injury.

The insurance company was supposed to give you a panel of three orthopedists. I assume that is how you obtained your doctor.

The medical care you wish is supposed to be directed by the treating doctor. For the referral, you can request it from this doctor. He is supposed to provide you the medical care you need. Since he has not done so at this date, he may feel you do not need additional testing or medical care but you can certainly request it.

Workers Compensation only compensates you for two thirds of your salary. It does not compensate you for pain and suffering like a personal injury case.

If you have an award, you can request medical care from the Commission if you move out of state but the logistics may be more difficult. Some doctors do not like out of state workers comp claims.

Jerry Lukenhaus,

Virginia Workers Compensation Lawyer,

For more information contact my website:

http://www.virginiadisabilitylawyer.com

Read more
Answered on 1/13/09, 9:55 pm


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