In Virginia I often see an injury on the job that is diagnosed as an arm injury. Later it turns out it was really a neck injury or there was a neck injury in addition to the arm injury. A late discovery of a neck injury in addition to the arm injury can be a problem if the neck injury is never added to the claim within two (2) years of the date of accident.
If the original claim only contains an award for an arm injury, then a claim for a neck injury will probably be lost if it is not added within two (2) years of the date of accident. The usual rule followed by the Virginia Workers' Compensarion is that an award for just "an arm" does not include an award for a different part of the body such as a "neck" when there is no mention of the neck on the award.
Thus, if a worker has a complicated arm neck injury, he or she should consult a lawyer right away to make sure he or she has an award for both the neck and the arm. An award for one part of the body will not include other parts not mentioned in the award.
FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or toll free at 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.