Charlottesville, VA asked in Workers' Compensation for Virginia

Q: An on job injury from policy to remove shoes for entry, how does that not qualify for workers comp VA code 65.2-101

I removed my shoes to be placed in an X-ray machine for entry into the prison I work in. Security placed my watch inside my shoe prior to giving the basket to me. Due to diabetic neuropathy, I did not feel the watch and walked on it the duration on my shift causing deep lacerations on the bottom of my foot requiring me to no weight bearing on my foot, slow healing because of diabetes from 8/30/16 to present. Was denied workers compensation saying the risk wasn't peculiar to my employment

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2 Lawyer Answers
Jan F Hoen
Jan F Hoen
Answered
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: I would contest the decision. However, if there is no permanent injury or further medical treatment necessary and no time missed from work there may not be enough there to pay an attorney's fee.

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

A: You were inadvertently injured by Security by them placing the watch inside your shoe. Thus, you have a shot at a WC claim. You should file a claim with the Commission. You can reach the Commission at 1-877-664-2566. You will be given the information on how to file a claim for benefits. You should list the injury, the accident, the time lost, and medical care you wish to recover. Unless this is a permanent injury, it would not be worthwhile to retain a lawyer to assist you.

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