Richlands, VA asked in Workers' Compensation for Virginia

Q: Hurt back at work in July 2017, workers comp. paid benefits until Oct 2017, doctor released to full duty, he can't work

He was released back to full duty on Oct 21, he tried and could not work, He is 56 and is a coal miner, they would not take him back on light duty. We consulted an attorney in Nov, benefits are still not being paid, he has asked to see another doctor and still waiting to get approval. He has had no income since October, he has a 401K with the company. Can he quit his job so that we can get that money or would that cause his claim to be denied altogether.

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1 Lawyer Answer
Jan F Hoen
Jan F Hoen
Answered
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: Quitting would terminate any claim for wage benefits beyond the day he quits. He should definitely not quit.

If he already has an attorney, speak with him about his options. If not, it is time for him to retain one and get seen by a different doctor. He should also be marketing (looking for some kind of other employment) if there is no work excuse from a physician in place.

1 user found this answer helpful

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