Virginia Worker's Compensation - Help For Injured Virginia Workers

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  1. #1
    Join Date
    Jul 2008
    Posts
    5

    Default The Company I Work for Refuses

    to give me any insurance information.Is there anything I can do about this?short of finding a lawyer? I hurt my back at work last week lifting a door jam off the ground to install it.
    It felt like someone came up behind me and stabbed me in the lower back with a freakin knife. Any how my boss refuses to give me any insurance information. I have personal insurance that should cover my injury, but should I report a claim on mine?I'm in a lot of pain and now my Dr. is saying he cant see me untill I get the information from my employer.What the heck do I do now?

    Has anybody ever run into this? Do I have a right to use his insurance? I think I do.
    Any advice on this would be very helpful.
    thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: The Company I Work for Refuses

    It could be that your ER does not have the required WC coverage/plan in place.

    VA laws require that... 65.2-600. Notice of accident.

    A. Every injured employee or his representative shall immediately on the occurrence of an accident or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident. If notice of accident is not given to any statutory employer, such statutory employer may be held responsible for initial and additional awards of compensation rendered by the Commission if (i) he shall have had at least sixty days' notice of the hearing to ascertain compensability of the accident, and (ii) the statutory employer was not prejudiced by lack of notice
    etc etc here..http://leg1.state.va.us/cgi-bin/legp...0+cod+65.2-600

    VA law does require the ER to provide treatment, and/or to supply the names of 3 physicans for the IW to select from for treatment...
    1. As long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer and such other necessary medical attention.
    etc etc here...http://leg1.state.va.us/cgi-bin/legp...0+cod+65.2-603

    In your current situation...
    Where do I file a claim?
    If your claim is denied or if the employer/carrier refuses to make payments, you should send a written request for a hearing to the Workers' Compensation Commission, 1000 DMV Drive, Richmond, Virginia 23220.
    Here is a FAQ for IW's in VA...http://www.vwc.state.va.us/questions.htm,
    this will be the first page to read to get information on navigating the WC system in Virginia...

    Good luck to you...keep us posted with additional questions...

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: The Company I Work for Refuses

    Here is some additional information directly on point to your question..

    Code Sec. 65.2-603(A)(1) provides in pertinent part as follows: As long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician . . . and such other necessary medical attention. "'So long as a causal relationship between the industrial accident and the . . . [treatment rendered] is shown, the employer is financially responsible for the medical attention which the attending physician deems necessary, subject to review by the Commission.'" Lynchburg Foundry Co. v. Goad, 15 Va. App. 710, 714, 427 S.E.2d 215, 217-18 (1993)(quoting Jensen Press v. Ale, 1 Va. App. 153, 159, 336 S.E.2d 522, 525 (1985)). Moreover, Code Sec. 65.2-603 should be construed liberally in favor of the claimant, in harmony with the Act's humane purpose. See Goad, 15 Va. App. at 713, 427 S.E.2d at 217.

    "Medical management of the employee is not to be directed by the employer. An employer can require an employee to select an attending physician from its panel of three, but only an attending physician or the [Workers' Compensation] Commission may require an employee to see another physician." Schwab Constr. v. McCarter, 25 Va. App. 104, 109-10, 486 S.E.2d 562, 565 (1997) (quotations omitted); see also Jensen Press v. Ale, 1 Va. App.153, 158, 336 S.E.2d 522, 525 (1985) ("A long-held principle of the . . . Commission, founded on Code Sec. 65.1-88 [now Code Sec. 65.2-603], is that medical management of the claimant is to be directed by the treating physician, not by an employer's representative.").
    http://www.gormannet.com/LegalSummaries-MedicalCare.htm

  4. #4
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: The Company I Work for Refuses

    sounds like the behavior of an employer that is illegally uninsured.
    you can check their coverage here
    https://www.ewccv.com/cvs/

    you can file your claim online here
    https://secure01.virginiainteractive...-bin/form5.cgi

  5. #5
    Join Date
    Jul 2008
    Location
    kentucky
    Posts
    31

    Default Re: The Company I Work for Refuses

    i do not believe your employer has workers comp coverage on the employes.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: The Company I Work for Refuses

    this link should work better for coverage verification:

    http://www.vwc.state.va.us/insurance.htm

  7. #7
    Join Date
    Jul 2008
    Posts
    5

    Default Re: The Company I Work for Refuses

    Thanks for all your help folks.It ends up that he does have coverage.
    My boss told me he was just worried about his premiums going up.

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