Ruckersville, VA asked in Workers' Compensation and Appeals / Appellate Law for Virginia

Q: Should I continue to be paid wage loss if my patient dies while I am on a workman's comp claim?

worked for a private family doing CNA work when I sustained a lower back injury while helping her out of the car. I sought medical attention 2 days later when the pain did not subside. Insurance company contacted and took three weeks to set me up with a Doctor. The Dr. Put me on light duty not lifting more than 7 pds. I cut my hours of work back to PT so that I would not be responsible for lifting her. My patient died about 3 weeks later. Dr. Released me back to full duty about 2 1/2 weeks later stating that because I was not working there was no need for restrictions. It was easier for the insurance company if they only had to focus on medical. I continued through my PT felt a bit of relief and first sign of relief Dr. Pulled me out of PT. 20 days later, still not working; bent over to pick up a piece of paper and sharp pain shot through my back after having a trigger point inj. Dr. Kept me off from restrictions. Should I be paid anything? The commissioner denied my claim.

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

A: The information you provided does not clearly state sufficient facts to answer your question.

Your medical records would need to be reviewed for additional information.

The second injury does not appear to be compensable but if your claim was denied, consult an attorney in your area who practices worker's compensation to see if you may be entitled to benefits. Bring your medical records to the consultation.

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

A: Whether you should still be paid workers' compensation after your patient died depends upon your doctor's opinion. If he releases you with "no" work restrictions then this usually ends any claim for continued compensation. You also indicated the Commissioner denied the claim. If you have already had your "day in court" and you lost, then there may not be anything you can do. If you still have an award for medical care for this injury, then you can always return to the doctor and if your problem has flared up perhaps he will take you out of work and recommend more treatment.

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