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Workers Comp Claim was denied Virginia
#1
This is my first posting on this forum so I hope to get some insight form you all. This happened a few months ago. I was working as a waiter for about a year. I had some back issues but nothing major. Then I started having more and more pain. I sincerely do not know if working caused my pain to get worse or not. It came to a point where I was in so much pain I had to finally see a doctor (It took me a while since I have no insurance.) I had to tell my employer because I started to miss work because of the pain even though I was taking pain medicaion. My Boss told me to get medical evaluation and find out the cause of the pain but in my current circumstance I would not be allowed to come back to work because they didnt want me to risk further injure myself and I could not fulfill all my duties.
Even though I had some good days they were mostly bad. I really wanted to continue work but my employer would not let me work without knowing first what was going on. As many of you can imagine finding the source of your pain is no easy feat. In any case, I was told that given my current situation I would not be able to fulfill my duties as a server in a busy establishment. I filed for unemployment and I was awarded this because I was not fired for cause. I filed with the Workers comp commission and my claim was denied due to "no injury by accident, and improper notice". I admit that I did not report an injury to my manager, and I feared reporting my pain would put my job at risk and I stuck it out for as long as I could. The workers comp attorney I hired has filed an appeal. I just want to know at this point what my chances are and whether I should continue pursuing the case. I still have back pain. http://www.workerscompensation.com/forum...es/sad.gif
 
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#2
(01-07-2014, 06:01 PM)Alberto Wrote: This is my first posting on this forum so I hope to get some insight form you all. This happened a few months ago. I was working as a waiter for about a year. I had some back issues but nothing major. Then I started having more and more pain. I sincerely do not know if working caused my pain to get worse or not. It came to a point where I was in so much pain I had to finally see a doctor (It took me a while since I have no insurance.) I had to tell my employer because I started to miss work because of the pain even though I was taking pain medicaion. My Boss told me to get medical evaluation and find out the cause of the pain but in my current circumstance I would not be allowed to come back to work because they didnt want me to risk further injure myself and I could not fulfill all my duties.
Even though I had some good days they were mostly bad. I really wanted to continue work but my employer would not let me work without knowing first what was going on. As many of you can imagine finding the source of your pain is no easy feat. In any case, I was told that given my current situation I would not be able to fulfill my duties as a server in a busy establishment. I filed for unemployment and I was awarded this because I was not fired for cause. I filed with the Workers comp commission and my claim was denied due to "no injury by accident, and improper notice". I admit that I did not report an injury to my manager, and I feared reporting my pain would put my job at risk and I stuck it out for as long as I could. The workers comp attorney I hired has filed an appeal. I just want to know at this point what my chances are and whether I should continue pursuing the case. I still have back pain. http://www.workerscompensation.com/forum...es/sad.gif

 
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#3
Good evening...You all can laugh when i log out however,, how do you or where do you post your own question.??
 
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#4
(01-07-2014, 06:37 PM)SHE_Driver Wrote: Good evening...You all can laugh when i log out however,, how do you or where do you post your own question.??

a new thread is accessed from the NEW THREAD button on right side of the injured worker forum home page
http://www.workerscompensation.com/forum....php?fid=4
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
This is my first posting on this forum so I hope to get some insight form you all. This happened a few months ago. I was working as a waiter for about a year. I had some back issues but nothing major. Then I started having more and more pain. I sincerely do not know if working caused my pain to get worse or not. It came to a point where I was in so much pain I had to finally see a doctor (It took me a while since I have no insurance.) I had to tell my employer because I started to miss work because of the pain even though I was taking pain medicaion. My Boss told me to get medical evaluation and find out the cause of the pain but in my current circumstance I would not be allowed to come back to work because they didnt want me to risk further injure myself and I could not fulfill all my duties.
Even though I had some good days they were mostly bad. I really wanted to continue work but my employer would not let me work without knowing first what was going on. As many of you can imagine finding the source of your pain is no easy feat. In any case, I was told that given my current situation I would not be able to fulfill my duties as a server in a busy establishment. I filed for unemployment and I was awarded this because I was not fired for cause. I filed with the Workers comp commission and my claim was denied due to "no injury by accident, and improper notice". I admit that I did not report an injury to my manager, and I feared reporting my pain would put my job at risk and I stuck it out for as long as I could. The workers comp attorney I hired has filed an appeal. I just want to know at this point what my chances are and whether I should continue pursuing the case. I still have back pain. http://www.workerscompensation.com/forum...es/sad.gif


each comp court and judge within the state is different so there are many possible answers to your situation.
your atty is familiar with how your court handles similar issues and is in the best position to answer your question.

the first requirement is that you have a medical opinion supporting a connection between your medical condition and your job duties with the employer.
even if you have such an opinion, your atty is in the best position to judge whether it will be persuasive enough for your claim to be successful.
your atty should have given you some indication about the outcome before accepting your case.
generally, if it is hopeless they would tell you so or refer you to another atty if they didn't think they could be of some help-otherwise they wouldn't get a fee.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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