Legal Question in Workers Comp in Virginia
I worked as a car mechanic in Virginia and I hurt my knee on the job and now I'm in an ongoing battle with Workers Comp. I've been denied twice, one of the main reasons is because they said I didn't fulfill my light-duty capacity. I never knew anything about this, and my doctors all wrote notes asking the employers to restrict me to light-duty capacity, however if no work was available, then the doctor recommended I remain out of work. My employer couldn't accommodate the restrictions and I stayed out of work. During this time I got denied by Workers Comp and I had to pay my medical bills and surgery out of my own pocket. Then when I was able to go back to work, my employer fired me. My question is, is there any way I can fight the light-duty capacity argument in my case?
2 Answers from Attorneys
Unfortunately, once the doctor released you to work in a light duty capacity, Virginia law imposed upon you a "duty to market," which means you had to actively look for light duty work. That appears to be your problem, but that is no legal basis to deny you medical coverage for your surgery and any period you were unable to work due to your surgery.
You need to consult a qualified Virginia workers' compensation attorney as soon as possible to see what you can do to avoid further damage to your case.
I have practiced Virginia WC Law for 35 years. If I understand your question, after your injury, the employer claims it offered light duty work to you which you refused. You indicate you were unaware that you were released to light duty work or I guess that light duty work was offered to you. You claim the employer could not provide you light duty work within your work restrictionis. You paid the WC medical bills yourself including the costs of the surgery. You then went back to work and you were fired. It is unclear if you are saying your accident was denied. If it was that would be the reason your medical care was denied.
As Mr. Sweeny says, you did to contact a qualifed WC attorney. I can be reached through my website:
www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com
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