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.

Related Topics:
Lawyers: To answer this question, please Log In to your account.
2 Lawyer Answers
PREMIUM
Answered
  • 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.

Answered
  • 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.

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.