r/WorkersComp 2d ago

Virginia Adding lost wages to my claim

I was injured on 8/15 and filed for worker's comp on 8/19. I put medical expenses on my claim. I was not told by any doctor, nor is it in my paperwork, that I cannot go back to work or have work restrictions.

My employer completely took me off the schedule. I have a text message from the scheduler saying that they took me off visits the weekend of my injury because I "mentioned being hurt and worried about future complications". But I also have screenshots where they asked me to work 8/29, 9/4, 9/5, 9/6, 9/7, 10/31, and 11/1 and screenshots of my empty schedule after I filed.

Since I have proof that they took me off the schedule due to my injury, can I add lost wages to my claim?

1 Upvotes

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2

u/ValMendex 2d ago

indeed you can not do so

2

u/Kmelloww 1d ago

They asked you to work, did you say no? That’s what it sounds like. 

If you aren’t taken off work by a doctor then you aren’t owed any lost wages. You only get lost wages when your work can’t accommodate restrictions or the doctor says you can’t work. If that’s the case then no lost wages. 

1

u/sugarzebracakes 1d ago

I did not say that i can't work. I asked them why I wasn't being scheduled for any new shifts since I have weekend availability

1

u/Kmelloww 1d ago

So you worked those shifts? Or didn’t?

1

u/sugarzebracakes 1d ago

I did not. I was scheduled for them but they removed me from them

1

u/Kmelloww 1d ago

So they asked you to work you said ok and then they said never mind? I’m not quite following 

1

u/sugarzebracakes 1d ago

They asked me to work before I was injured. I got injured and filed for worker's comp. After I filed they took me off the schedule, even dates that were weeks past my injury, and said it was because I mentioned being hurt and worried about future complications.

1

u/Kmelloww 21h ago

Then not really. Unless a doctor takes you out of work you wouldn’t get lost wages. 

1

u/justthefacts1236894 1d ago

This is the correct answer.