Virginia Legal Frequently Asked Questions (FAQs)

When you or a loved one is injured at work, no one hands you a pamphlet containing all of the information you need to understand your case. In this section we strive to answer the basic questions that everyone has in the weeks following a work related injury.

If you don’t find the answers to all of your injury questions here, we encourage you to contact us for answers to questions specific to your case. The consultation is free and confidential.


Virginia Workers’ Compensation Questions

How do I prove Workers’ Compensation permanent disability in Richmond?

A work injury lawyer in Richmond can help you sort through your medical records and testimony to figure out if you qualify for permanent disability. If you have been severely injured on the job and are unable to return to work, you may qualify for permanent disability payments through Workers’ Compensation. Proving permanent disability can [...]

How do Workers’ Compensation laws affect my ability to sue my Wilton, Virginia employer for negligence?

Be sure to consult with a Wilton Workers’ Compensation lawyer with any questions about the Workers’ Comp process. It can be a confusing one. For instance, some are not aware that filing a Workers’ Compensation claim typically forfeits your right to file a lawsuit against your employer. Even if the employer was negligent and it [...]

Why did Workers’ Compensation laws come into existence?

Workers’ Compensation laws came into existence because there was a time in which employees had little rights. As a result, if workers were injured during the scope of their work, they had no recourse for compensation. Today, injured workers may file a claim and may seek assistance from a work injury attorney in Richmond. Additionally, [...]

How might insurance companies impair a Richmond worker’s rights to compensation for injuries?

Contact a workers’ compensation lawyer in Richmond if the insurance company is making every effort to blame you for your accident or blame your injuries on a pre-existing condition. A lawyer may be able to help you file an appeal if the claim is denied. If the insurance company can come up with a reason [...]

What are the penalties for employee Workers’ Compensation fraud in Richmond?

Talking with Richmond Workers’ Compensation lawyers can help you avoid making mistakes that could jeopardize your case. One of those is workers’ comp fraud, which could lead to penalties ranging from denial of benefits to imprisonment. Forgetting to disclose something and blatantly lying about information are two different things. According to the Code of Virginia [...]

What is the National Commission on Workers’ Compensation Act of 2011?

The National Commission on Workers’ Compensation Act of 2011 is a bill sponsored by California Representative Joe Baca in Congress. If you were injured at work and need to file a claim, contact a workers’ compensation attorney in Richmond, VA to protect your rights immediately. The purpose of this bill is to establish a National [...]

Should I file for Workers’ Compensation or a Richmond personal injury claim when I’m injured at work?

Getting injured at work raises many questions for an employee. You may wonder if filing for Workers’ Compensation is your only option, or if a personal injury claim might be possible. Deciding which to pursue can best be answered by a Richmond Workers’ Compensation lawyer. First it’s important to understand what Workers’ Compensation is. When [...]

How do I change my doctor after I receive workers’ compensation?

If you are hurt on the job, your employer is required to give you a list of three approved doctors from whom you may seek treatment. Once you have chosen one of the three, you are required to continue seeing them in order to receive your workers’ compensation benefits. If you would like to change [...]

What documentation will I need when filing for workers compensation in Virginia?

When you’ve been injured on the job and you’re filing for Virginia workers’ compensation, you need to have certain documentation in order. While the days and weeks following an injury can be difficult, it’s important to gather and protect this vital paperwork. Workplace injuries are damaging on so many levels and affect multiple areas of [...]

I was on a business trip in Richmond and got hurt in the hotel. Can I collect workers’ compensation?

For the most part, yes, you can collect workers’ compensation if you were on a business trip and got hurt in the hotel. The law says that injuries that occur while traveling on a business trip are covered, with some exceptions. If you have questions, contact a Richmond workers’ compensation attorney. Slips and falls may [...]

I was injured on a Richmond construction site while I was working as an independent contractor. Can I still get Virginia worker’s compensation benefits for my injury?

Virginia workers’ compensation for injury damages due to work accidents covers employees in nearly every profession. The workers’ compensation laws determine who is considered an “employee” of a company, but independent contractors are a special case. The laws are sometimes unclear over when independent contractors are covered under workers’ compensation, which is where you’ll need [...]

What is a Third-Party Claim?

A third-party claim is a claim filed against the person, machine or other object that caused your injury. For most cases of workplace injuries, Workers’ Compensation will be the only type of benefits you can claim. Workers’ Compensation laws place no blame on either the employee or the employer. Instead, they compensate the injured employee [...]

What is the Virginia Sickness and Disability Program?

An injury at work can cause physical and financial pain, which can be covered under worker’s compensation. But if you’re a state worker residing in Virginia, you may qualify for extra protection, even if you suffer from a non-work related disability. This program is called the Virginia Sickness and Disability Program.  The following types of [...]

How long do I have to report my work injury to my employer in Virginia?

If you have sustained a work injury in Virginia, it is important to inform your supervisor right away. By waiting, you are putting your worker’s compensation claim and injury at risk, especially if you need extensive medical care. You have 2 years from the date of injury to file a claim.  Not only can you [...]

If I suffer from a severe chronic illness that my doctor believes is related to the work I do in Virginia, should I consider Workers’ Compensation?

The likelihood of recovery under Virginia’s Workers’ Compensation laws for a chronic illness will depend on the type of illness and whether the illness was directly caused by the work you perform. Even if your doctor attributes a chronic illness to your work, it may not be enough to be classified as an occupational disease [...]

What is needed to prove my Virginia Workers’ Compensation claim?

Having ample evidence is important when you are pursuing a Workers’ Compensation claim in Virginia.  When it is hard to come by or when you’re facing an uphill battle in obtaining benefits, a Workers’ Compensation lawyer may be able to help.  One of the setbacks that can be experienced in the filing of a Workers’ [...]

If I slip and fall at work, while I am on the clock, will my injuries be applicable under Virginia Workers’ Compensation?

Most of the time a slip and fall injury at work will be covered by Virginia Workers’ Compensation; however, dependent on who is reviewing the claim, your injuries and the circumstances that caused the accident you claim may be denied.  If your claim is denied, you should consider hiring a Workers’ Compensation lawyer to assist [...]

Does an amputation injury require special procedures under Virginia Workers’ Compensation?

An amputation is one of the most serious injuries at work that you can be affected by. Losing a limb is a life-changing event and can cause long-lasting disability and pain. If this has happened you will likely want to file a Workers’ Compensation claim to get help for medical bills and other expenses.  However, [...]

How long does short term disability apply in Virginia workers’ comp cases?

Workers’ comp cases involving short-term disability can become complicated. If you have questions or concerns about what you are entitled to, you should speak immediately with Richmond, Virginia attorneys. You cannot receive workers compensation benefits and short term disability benefits. Generally, they are mutually exclusive. Income may be replaced if a worker is on short-term disability. [...]

I think I have a work injury related to doing the same movements over and over again every day at work – is this covered under a Virginia workers’ comp claim?

If you have suffered a repetitive stress work injury you most likely will not be entitled to Virginia Workers’ Compensation benefits. The only type of repetive injury covered in Virginia is carpal tunnel syndrome. The burden of proof is higher than a regular work accident.For help filing a workers’ comp claim, it is highly advised to consult [...]

What are the laws surrounding Virginia Workers’ Compensation?

The laws surrounding Virginia Workers’ Compensation are designed to protect employees from a work accident and hold employers accountable for their safety.  If an employee is hurt due to a work injury, he or she is eligible to file an injury claim in order to receive compensation for medical treatment expenses and lost income. A [...]

What does a workplace injury attorney do for me in the Virginia Workers’ Compensation claim process?

A Richmond, Virginia, attorney who handles cases that involve the Workers’ Compensation claim process (and related matters) has one main goal: to get you the maximum amount of injury benefits possible. There are several reasons for this – first, as an injured employee, you are entitled to certain protections and provisions under the law; second, [...]

How can I protect my Virginia Workers’ Compensation claim?

Under Virginia Workers’ Compensation law, you’re entitled to certain benefits if you become injured on the job, but you’ll have to be careful to protect your claim, something a Richmond Workers’ Compensation attorney will be able to assist with. In order to make sure you obtain the full scope of your available Virginia Workers’ Compensation [...]

What is the first step that I should take after a work injury in Virginia?

The first step you should take after a work injury in Virginia is to immediately report your injury to your employer. Even if you fell and don’t think you need medical attention, you should still report your injury. Your next step is to file a workers’ comp claim. To ensure that your legal rights are [...]

What are some of the most common work injuries that can lead to Workers’ Comp cases?

When you’ve suffered one of the many common workplace injuries after an accident on the job, you will need to understand the world of Workers’ Comp cases. Our Richmond, Virginia attorneys can help you with your Virginia Workers’ Compensation claim, regardless of the type of injury you sustain – common or uncommon. The most common [...]

What mistakes do I need to be careful to avoid in my Virginia Workers’ Compensation claim?

Virginia Workers’ Compensation law is somewhat complicated – made even more so when employers or insurance carriers don’t exercise transparency. When you’ve sustained a serious injury on the job, and you’re left unable to continue taking care of your family, your main concerns will be how to quickly secure your Virginia workers’ comp check. This [...]

What are the compensation periods for the different loss of use injuries that can occur?

When a job-related injury results in the loss of use of a body part an injured worker may be eligible to collect work injury compensation for a certain period of time. The duration of compensation differs depending on which body part is affected, and a Virginia Workers’ Comp lawyer can help you determine your eligibility.  [...]

What is employee misclassification in relation to Workers’ Compensation?

Misclassification of employees in relation to Virginia Workers’ Compensation occurs when an employer hires a worker and inappropriately classifies the employee as an independent contractor versus a regular full time employee.  Independent contractors are usually considered in business for themselves and control their work process, whereas an employee’s workload and how it’s completed is determined [...]

How important is it to get a disability slip from my treating physician?

When you’ve been injured on the job and have received a disability slip or work restrictions from your doctor, it’s crucial that you acquire proof of the Workers’ Comp disability. You can do this by obtaining a disability slip from your treating physician so that you can continue to receive benefits. Many Workers’ Compensation cases have been [...]

Should I go to job interviews?

If you’re filing for Workers’ Compensation in Virginia, it’s important to keep going to job interviews so that your workers’ injury claim isn’t discredited. If your claim has been wrongly denied, you’ll need to quickly contact Workers’ Comp lawyers in Richmond, VA.  It may seem counterintuitive, but when you’re filing for Workers’ Compensation, any employment [...]

Should I talk to my physician about my work restrictions?

Put briefly, you should always speak to your doctor about work restrictions, if it’s at all possible. You should inquire with your doctor about his or her opinion on your ability to return to work with restrictions, what those restrictions should be, what your functional capacity is for sustained labor, and anything else that might [...]

My nurse case manager wants to switch my treating physician, but I don’t agree. What should I do?

You should never permit your nurse case manager to switch your treating physician without your consent in Richmond after a workplace injury. Put briefly, this comes close to violating the worker comp rules. Speak with a lawyer in Richmond to learn more about what you can do to protect and secure your rights.  Sometimes, a [...]

How much time do I have to give my employer notice after a work injury?

Talking to a lawyer in Richmond, VA, specializing in workman’s comp injury and workman’s comp cases may assist in understanding the requirements of Workers’ Compensation laws in Virginia. Ideally, employees suffering from a work injury should immediately notify their employer in writing about the accident.  Know Your Employer’s Requirements  Employers may have their own set [...]

If I had a pre-existing injury will it be difficult to prove my Workers’ Compensation claim?

If you had a pre-existing injury before you suffered injuries at work in Virginia, you may run into a few difficulties with Worker’s Compensation insurance. By law, however, you are entitled to benefits for injuries you sustain in the workplace, whether or not you had a pre-existing condition.  To ensure that your case is handled [...]

What is needed to prove my Workers’ Compensation claim for a work-related back injury?

If you’ve suffered a back injury at work, you’ll need to prove that it was caused by a specific, sudden accident that occurred while you were performing a job-related task.  On your work-related back injury claim, you have to show that your injury was caused by a sudden incident; gradual injuries don’t count. You may [...]

Will my Virginia unemployment benefits affect my Workers’ Compensation benefits or vice versa?

Yes, your Virginia unemployment benefits will be affected by your Workers’ Compensation benefits and vice versa. To discuss whether you would be entitled to any kind of Workers’ Comp exemption after your VA personal injury, you should contact a Workers’ Comp attorney in Virginia.  Workers’ Comp Guidelines Regarding Unemployment Benefits  Virginia Workers’ Comp guidelinesas they [...]

What death benefits are available in Workers’ Compensation claim in Virginia if a brain injury suffered on the job is fatal?

Dependents could be eligible to receive death benefits in a Workers’ Compensation claim in Virginia. Brain injury that is fatal and suffered while on the job could qualify. Speaking with an attorney in Richmond who handles work injury cases is the best way to learn your family’s rights.  Any number of circumstances could lead to [...]

Does my Richmond attorney need to help me get my Virginia Workmans Comp claim approved by anyone besides my employer and me?

Yes, Virginia Workmans’ Comp claims must also be approved by the Virginia Workers’ Compensation Commission. This is something your Richmond attorney can help you with after any type of work accident, such as a work-related Virginia auto accident or other traumatic accident.  In some Virginia Workmans’ Comp cases, the employee may decide that a settlement [...]

How will my Social Security disability benefits be impacted by my Workers’ Compensation benefits?

Your Virginia Social Security disability benefits can be offset by any benefits you receive in a Workers’ Compensation claim. If you’re concerned about your benefits, you should have a Richmond injury lawyer review your case and help you receive the maximum value of your claim.  A lawyer who handles Workers’ Compensation cases on a day-to-day [...]

What are lifetime benefits in a Virginia Workers’ Compensation claim?

There are a certain compensation guides to receive benefits from work comp claims. Lifetime benefits are essentially similar to temporary total disability benefits, but without the restriction of 500 weeks’ wages. Instead, wages are paid for the duration of the injured worker’s life. For more information, speak with a Virginia workers compensation lawyer about your [...]

What does it mean that my Virginia work injury or work related disability has to have arisen from employment?

A Virginia work injury or work related disability must have arisen from employment. Work compensation claims are filed when an individual is injured while on the job. For compensation help in Virginia, you would benefit from speaking with an attorney in Virginia who has experience with work injury cases.  Some situations are pretty clear. If [...]

What are vocational rehabilitation benefits in a Virginia Workers’ Compensation claim after a work related accident in Virginia?

After a doctor has cleared you for “light duty” following a work related accident your employer’s insurance company may propose “vocational rehabilitation.” For injury help in Virginia for accident work compensation, contact a Workers’ Comp attorney.  Vocational rehabilitation after a work related accident is meant to accomplish 2 ends – to return the injured worker [...]

What are some of the factors that may make it advantageous to settle my Virginia Workers’ Compensation case?

After a job related injury in Virginia, there may be some instances in the course of your Virginia’s Workers’ Compensation case in which it is in your best interest to accept a settlement, but you should never do so without first speaking to a Workers’ Comp law attorney.  There are a number of reasons to [...]

What are lifetime benefits in a Virginia Workers’ Compensation claim?

There are a certain compensation guides to receive benefits from work comp claims. Lifetime benefits are essentially similar to temporary total disability benefits, but without the restriction of 500 weeks’ wages. Instead, wages are paid for the duration of the injured worker’s life. For more information, speak with a Virginia workers compensation lawyer about your [...]

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