What are my rights regarding on the job injuries?
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What are my rights regarding on the job injuries?
On 9/2/10 I injured my back at work during my off hours decorating for a party. I was off work per chiropractor for 11 days. Released for work on 9/13, worked 9/14 and 9/15. On 9/15 fell at work, while performing my work task and may have possible meniscus tear in knee per chiropractor and WC doctor. WC allowed 1 doctor’s visit on 10/5 but employer is trying to say back and knee are related and that they don’t want to pay. Both chiropractor and WC doctor say the 2 are not related and that I need an MRI before anything else can be done. It has been over 2 weeks, I am in severe pain and my life is on hold because of this. What should I do? Should I consult with a personal injury attorney? In Roanoke, VA.
Asked on October 4, 2010 under Employment Labor Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should speak with a workers' compensation attorney. Your back and knee injuries are separate injuries according to your doctors and resulted from separate job-related incidents on different days. The medical reports from your doctors will support your claims of separate injuries and will document the nature and extent of your injuries. These are separate workers' compensation claims. Through workers' compensation, you should be receiving monetary compensation for your injuries. The nature and extent of your injuries will determine whether or not vocational rehabilitation is necessary. If your employer is unable to comply with your medical restrictions by reasonably accommodating you based on your job duties, you might be eligible for a disability retirement. You would not be able to receive both workers' compensation and a disability retirement at the same time. The amount of compensation in a disability retirement is based on an average of your income during the past few years.
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