Tuesday, September 4, 2012

Can I Get Workers Compensation for an injury repetitive job in Virginia?


It 's common for a worker to work all day and not suffer any problem until the next day when he can not get out of bed. This type of statement is generally not compensable in Virginia Workers Comp Law to an injured worker.

First, if you lift 50 pounds widgets all day and feel no problem, but wake up the next day with a sore back, you will not have a compensable claim under Virginia law. The logic is that you can not bind your wound back to a "specific incident."

Secondly, on the other hand, if you lift 50 pounds widgets all day and my back goes out and raises the widget of 99, you may very well have a compensable claim. In this scenario, you can point to a "specific incident" that caused the back injury. This is especially true if your doctor will take the wideget 99 has caused the back injury on the basis of history has given to the doctor.

Thirdly, this is why insurance companies have recorded statements as soon as possible after an accident in order to lock in place the version of the incident was actually injured worker.

Fourth, the worker may be able to save the day if the employee can point to a close, pulling, stinging, etc. that occurred while lifting an object. Of course, the doctor will accept this particular event was the cause of back injury.

Fourthly, Virginia has adopted two exceptions to this rule repetitive injury to carpal tunnel syndrome and hearing loss. If the employee can establish the carpal tunnel syndrome or hearing loss was caused by work and to exclude other causes, then the employee may have a compensable claim. However, problems such as tendonitis will still be denied.

This can be considered an advertisement or advertising material under the rules of professional conduct governing lawyers in Virginia. This note is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer / client....

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