Princeton, WV asked in Workers' Compensation for Virginia

Q: Can the insurance company (Workers Comp) stop benefits or loss of wages payment if I had to have another surgery?

I got hurt in February of 2008 on the job. I was awarded TTP benefits and loss of wages. I went back to work in February 2009. In July 2010 I had to have more corrective surgery. I was paided the same benefits and returned to work in March of 2011. Now I had to have more corrective surgery in August of this year. But I am being told that the statue of limitation has run out for these benefits and loss of wages. Is there a time limit for these benefits to stop even if I continue to have medical problems with the injury?

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1 Lawyer Answer
Jerry Lutkenhaus
Jerry Lutkenhaus
Answered
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: In Virginia, you normally have two years from the date compensation was last paid to file for additional compensation. You indicate you returned to work in March 2011 and now are out of work again in September 2014. This is more than three (3) years since you were last paid. There are some exceptions. You can check my website at virginiadisabilitylawyer.com or call me at 804-358-4766 to see if any exceptions apply.

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