QUESTION
I was hurt at work back in Nov. 2016. Torn rotater cup with tendon and muscle tears. Taking PT every week. Do I need a lawyer?
Asked on Apr 19th, 2017 on Workers Compensation - Virginia
More details to this question:
I fell at work on Nov 7,2016 and tore my rotator cup and the tendons and muscles in my arm and shoulder. I had surgery Jan 30,2017. I go to PT every week plus do some at home everyday, The Doctor says that I will be therapy for 4-6 months. Don't know when I will go back to work or even if I ever can. I'm a scanning Manager. So I do a lot of heavy lifting and pulling on items. Plus I do a lot of reaching over my head putting tags, sign and clips on the shelf and taking them down. Do I need to see a lawyer? I'm getting a check from WC. Want to know can I sue for pain and suffering .
1 ANSWER
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Gerald G. Lutkenhaus, Attorney at Law
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I am sorry to hear about your injury. Hopefully, this is not a career ending injury. Since you do heavy lifting, it may be a career ending injury. If the injury is that serious (and it sounds like it could be), then your career as a Scanning Manager may be in jeopardy. Then, I would strongly advise obtaining an opinion from an experienced workers' compensation lawyer about your future. However, you cannot sue your employer for pain and suffering. When the workers' compensation Act was created 100 years ago, the tradeoff was employers agreed to buy workers'' compensation insurance and in return they got immunity from lawsuits by their employees.
But again, you do need to contact an experienced workers' compensation lawyer about your future.
Answered on Apr 28th, 2017 at 7:05 AM