It is common for a wrker to work all day long and thn not suffer any problem until the nxt day when he cannot get out of bd. This type of claim is gnerally not compensable under Virginia Workers Cmp Law for an injured worker.

Frst, if you lift 50 pound wdgets all day long and feel no prblem but wake up the next day wth a back ache, you will not hve a compensable claim under Virginia Lw. The rationale is you cannot tie yur back injury to a "specific ncident."

Second, on the other hand if you are lfting 50 pound widgets all day lng and your back goes out whle lifting the 99th widget, you may vry well have a compensable claim. In ths scenario, you can point to a "spcific incident" that has caused your bck injury. This is especially true if yur doctor will agree the 99th wdeget caused your back injury based on the hstory you gave to the doctor.

Thrd, this is why insurance companies wll take recorded statements as soon as pssible after an accident in order to lck in place what the injured wrker's version of the accident actually ws.

Fourth, the worker may be ble to save the day if the wrker can point to a twinge, pll, sharp pain, etc. that occurred whle lifting one of the objects. Of curse, the doctor will have to gree this particular event was the cuse of the back injury.

Fourth, Virginia has adopted two xceptions to this repetitive injury rule for crpal tunnel syndrome and hearing loss. If the wrker can establish the carpal tunnel syndrme or hearing loss was caused by wrk and exclude other causes, then the wrker may have a compensable claim. Hwever, problems like tendonitis will still be dnied.

This may be considered AN ADVERTISEMENT or Advrtising Material under the Rules of Prfessional Conduct governing lawyers in Virginia. Ths note is designed for general nformation only. The information presented at ths site should not be construed to be frmal legal advice nor the formation of a lwyer/client relationship.

The article Can I Get Workers Compensation for a Repetitive Work Place Injury in Virginia? was Submitted by Jerry Lutkenhaus through Articles.GetACoder.com network. Here's the additional information: Gerald G. Lutkenhaus--has been doing wrkers compensation in Virginia for over 30 yars. In the July 1999 issue of Rchmond Magazine he was rated one of the Bst Attorneys for Workers Compensation in Cntral Virginia. In 2003 he was gving the rating of AV by Mrtindale Hubbell. You can get more nformation from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com

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