Legal Question in Workers Comp in Virginia

workers comp

In october of last year I tore my rotator cuff while lifting some heavy furniture.I had surgery to repair it.I was fired two day after my surgery.I made the mistake of talking to the ins co and letting the co. attorney get my medical record.I have talk to several attorneys and they all say I don't have a case.I did recieve std for 6months.My hearing is coming up in oct.Do I have a case or should I just forget about this?


Asked on 9/26/08, 7:05 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: workers comp

As you do not say there was an accident or how the accident happened, it seems unlikely you have a case. Not a good idea to talk to an insurance company or their lawyer without a lawyer helping you.

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Answered on 9/26/08, 7:26 am
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: workers comp

Dear Sir:

1. Did you promptly report your rotator cuff injury to your employer the same day and seek medical attention the same day?

2. Did it come from a single lifiting incident?

3. Did your doctor say that incident caused the injury?

4. If you can answer yes to the above three questions, then you should have a good case.

5. You did not say why the insurance company denied it.

6. You should not go into the October 2008 hearing without knowing precisely why your case is being denied.

7. If you are prepared you may be able to counteract their claim.

8. You said several attorneys said you did not have a claim. What reason did they give?

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Answered on 9/26/08, 8:39 am


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