Suffolk, VA asked in Workers' Compensation for Virginia

Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications

The insurance company says they cannot pay for anything until a final decision is made on his claim. I've been paying out of pocket for all of his medications. I even took him else where to get medical care. Cause the insurance company wouldn't approve anything on the claim until final decision has been made. Since he has gotten medical care outside. The insurance company is requesting all medical records now. After I sent them all medical records like they asked. What should I do ?? I'm now my boyfriends POA cause of his head injury.

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2 Lawyer Answers
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: Your date is incomplete. Hopefully it is 2017.

If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.

Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.

If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation. If he has been out of work on orders from a physician, he should be receiving wage benefits.

  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: As the other lawyer said, your date is incomplete. You only said 201_. You do have to file a claim for benefits with the Virginia Workers Compensation Commission within two (2) years of the date of the accident. Assuming you have done so, then the next step would be a hearing before the Commission. If you are successful, then the insurance company has to pay. From your post it appears there has been no decision. I cannot tell if this means no decision by the insurance company or does it mean no decision by the Virginia Workers' Compensation Commission. After a hearing, it can take a Deputy Commissioner at the Commission anywhere from 30 days to six months to issue a decision on a contested claim. Until the insurance company is held responsible by the Commission, they don't have to pay for medical bills.

You would be well-advised to consult an experienced workers compensation lawyer on your case.

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