Suffolk, VA asked in Car Accidents and Workers' Compensation for Virginia

Q: Filed a workers comp from coworker negligence

Was hurt on may 31 2017 by coworkers negligence. Left work half day for first day but been on light duty with one arm. Going to have a scar on my elbow. Could I qualify for pain and suffering or some sort of settlemen. Dr released me to full duty but still have slight pain in arm. He said come back if it's still painful after my arm/elbow heals

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

A: You are entitled to medical treatment; not pain and suffering. The scar could possibly qualify for a minor award if it is permanent and significant. It is also possible that the employer's insurance carrier may offer a settlement to close out the claim and terminate any future benefits.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Follow up with the doctor as you don't know how it will be in a year, and don't want comp saying "you never went back, so your elbow couldn't be that bad." If you have any numbness in your fingers/hand especially. Note all symptoms to the doctor. In most states you only get scarring if it's facial. Members of the Va. Trial Lawyers Assn give free consults--find one that handles workers comp and get one.

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

A: If your doctor states in writing your work injury is at Maximum Medical Improvement (MMI) and you have permanent loss of use of the upper extremity (arm) and/or permanent scarring, you can file with the Virginia Workers Compensation Commission for Permanent Partial Disability (PPD) Compensation. The doctor can do his own Permanent Impairment Rating or refer you to a physical therapy facility. You can get 2 weeks of compensation per percentage point of permanent loss of use of the arm. There is little compensation for a small surgical scar on an arm. There is no compensation for "pain and suffering" in Virginia Workers Compensation. However, you can settle your medical rights if you wish and the WC insurer agrees. It is best to contact an experienced Virginia work comp attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.