If you have a compensable workers’ comp. injury in Virginia, you are entitled to medical care for your injury. Virginia Code §65.2-603 requires the employer (usually through its workers’ comp insurance carrier) to furnish medical attention for compensable work injuries.
Assuming you have been awarded benefits by the Virginia Workers’ Compensation Commission for your injury but are still working and need to go to a medical appointment, you should get paid for the time off from work by workers’ comp in most situations. However, as is often the case in legal matters, whether you get paid depends upon the facts of your specific situation. For instance, if the medical appointment can reasonably be scheduled at a time outside of working hours without too much inconvenience, you might not be eligible to receive workers’ comp wage benefits for the time spent travelling and receiving medical treatment.
If the workers’ comp insurance adjuster denies payment, the injured worker may have to prove that they could not have reasonably scheduled the appointment at a time outside of work hours. This might require an appearance before a workers’ compensation judge (Deputy Commissioner) in which the worker may need to testify and present evidence for the judge to consider in deciding if the worker should have tried to receive the medical care outside of work hours.
Do not hesitate to reach out to an experienced, knowledgeable workers’ compensation attorney for help with your situation. The workers’ compensation laws can be confusing and difficult to navigate for injured workers. Don’t forget, you have the right to have your claim heard before the Virginia Workers’ Compensation Commission. Be persistent in pursuing your claim. You have rights.
These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice.
To learn more about the Law Office of Darren Shoen, or to speak with a lawyer, visit their website at shoenlaw.com.
