Compensation for missed work

[AmyPi3]

I live in VA and fell at work causing me to be written out for 3 days. I then went back to work and had horrible, almost unbearable pain for the next two weeks.

I am being told that I won't get reimbursed for my missed work because it is only 3 days but that's still 3 days I had to miss because of the unsafe conditions at work. Is this accurate and/or how can I get compensated?

Also, is there a way to get compensated for pain and suffering as there is residual pain even now a month later besides to 2 weeks I was working through the pain (medicated, of course) and waking myself up from moaning from the pain in my sleep.

 

[justalayman]

from the law of your state:

§ 65.2-509. Commencement of compensation.

No compensation shall be allowed for the first seven calendar days of incapacity resulting from an injury except the benefits provided for in § 65.2-603; but if incapacity extends beyond that period, compensation shall commence with the eighth day of disability. If, however, such incapacity shall continue for a period of more than three weeks, then compensation shall be allowed from the first day of such incapacity.

(Code 1950, § 65-59; 1968, c. 660, § 65.1-62; 1976, c. 165; 1991, c. 355.)

Also, is there a way to get compensated for pain and suffering as there is residual pain even now a month later besides to 2 weeks I was working through the pain (medicated, of course) and waking myself up from moaning from the pain in my sleep.

no. That is not compensable through workers compensation.

 

[AmyPi3]

So how would it be someone recovers monies for pain and suffering? I'm just curious now.

 

[cbg]

That might in some instances be possible in personal injury cases. Workers comp cases are subject to different laws.

 

[ecmst12]

Pain and suffering is not normally awarded in WC cases. If there is a permanent disability for the injury, compensation may be awarded based on the percentage of disability.

Now, were you released back to work by the doctor after 3 days or did you just go? Did you seek further treatment because of the pain or did you just deal with it? The logic is, if you didn't feel the need to go to the doctor, it must not have been that bad.

 

[AmyPi3]

I wanted to go to the doctor again because it was that bad but I was told if I needed to go back I had to go through one of their doctors and would have to contact some woman who only worked Mon-Fri 9-5 before I saw another doctor. I get off of work at 6 am and that's when I go to sleep so it was more of a hassle and I just hoped it would get better. I felt like I was being treated as though I were making a big deal out of nothing but I fell so hard the horizontal and vertical seam of my jeans left a raised imprint within minutes.