Legal Question in Workers Comp in Virginia

Re: workers comp

Dear Sir or Madam:

If the employer has workers compensation coverage, you cannot sue the employer for the injury. Your uncle's sole remedy is workers compensation insurance. Did the broken arm cause the nervous break down? Why did the workers compensation insurance company deny the claim? Why can he not make it to the hearing? If he is incapacitated, he can contact the Deputy Commissioner and request a continuance.

It may be advisable to discuss this with an attorney who specializes in WC matters.

Jerry Lutkenhaus

Re: workers comp

If he can definitely not make the hearing, he may want to withdraw the claim. He has 2 years from the date of the accident to refile. If he does not show at the December hearing, the judge could rule against him completely.Another option is to ask for a continuance.

If his Dr. will say that the nervous breakdown was related to breaking his arm and chronic pain(i.e.not the hassle of the WC system) then he may also recieve WC benefits for that medical condition.

In general, an injured worker's only recourse for being hurt on the job is workers compensation. He can't sue the employer. Unfortunately there are many work accidents that are not covered under workers compensation and there is no benefit or money for pain and suffering or punitative damages. Also, the injured worker has the burden of proof so he needs to be prepared at the hearing as well.