Legal Question in Workers Comp in Virginia
Workers Compensation Dr Visits
In the state of VA, do employers have to compensate employees for time spent at the dr and/or getting medical treatment (physical therapy) or do employees have to do this on their personal time for workers compensation cases?
2 Answers from Attorneys
Re: Workers Compensation Dr Visits
Such an employee must use accumulated sick or vacation (personal) leave, in order to receive compensation for this time away from work. Otherwise, he or she is unlikely to be paid.
Re: Workers Compensation Dr Visits
As a Virginia Workers Compensation Attorney I can say the following:
The Insurer for your Employer does not have to pay compensation for loss time until you miss 7 days of work. If you have already missed this much time then the Insurer should compensate you for time lost for doctor's appointments or physical therapy appointments. Also, if you lose 21 days, then the Insurer should pay for those first 7 days. If the Insurer does not pay for lost time, call the Virginia Workers Compensation Commission and file a claim for the lost time.
However, if you wish to preserve your job, you may not want to push this too much. You may get a reputation of "goldbricking" and the Employer will look for a way to legally "fire" you.
The above is based on my 35 years of experience as a Virginia Workers Compensation Lawyer.
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