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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 is where an attorney at a law firm in Richmond, Virginia, comes in. A Workers’ Compensation lawyer will be able to:
- review your case;
- collect important evidence;
- advise you on possible legal options; and
- help prevent you from making mistakes that may make your workers’ comp benefits null and void.
For example, if you hurt your back while working at a construction site in the River District and miss a few of your scheduled doctors’ or chiropractic appointments, you may not know just how much that could damage your case.
Some of the common mistakes employees make after a work-related accident include:
- lying about past injuries;
- not following doctors’ orders;
- jumping at the first settlement they throw your way;
- believing the workers’ comp insurance carriers are on your side;
- not pursing a claim because the employer told you that you really don’t have a case;
- not notifying the employer of the injury within 30 days; and
- failing to file the workers’ comp claim within the allotted time period.
For questions about Virginia Workers’ Compensation law or how to go about getting the best settlement for your Virginia workers’ comp claim, consult with a reputable law firm in Richmond, Virginia.
Contact a Law Firm in Richmond, Virginia
When you have difficulties with your work-related injury claim, a Virginia workplace injury attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation –804-755-7755.
Filing for Third-Party Personal Injury Compensation after a Richmond Work Injury
If you’ve been injured at work, you may be able to file a claim for third-party personal injury compensation in lieu of your work injury compensation claim. To check if this is a viable option for you, you’ll need to consult with a law firm in Richmond, VA.
What is a third-party claim?
In legalese, a third-party claim is a term for a tort claim in which an injured worker files against someone other than his or her employer.
Under Virginia law, employees can’t sue their employer. Instead, they usually opt to file for workers’ comp. However, in many workplace accidents, a third-party may also be partly liable for the injuries. In these situations, you can file a third-party claim, which has the potential to result in a much larger settlement than workers’ comp cases.
Workers’ compensation benefits are often inadequate. If you’ve suffered a life-altering injury at work your limited workers’ comp benefits may not be enough to sustain you or your family. Also, neither will they make up for all the pain and suffering you’ve experienced as a result of your injuries.
For example, if you were doing construction work on one of the buildings in Capitol Square, had an accident due to faulty equipment, and suffered a traumatic brain injury as a result, will temporary workers’ comp benefits really atone for all the painful repercussions you’re facing?
Types of Third-Party Injury Claims
There are several types of work-related instances in which a third-party claim for personal injury compensation may be in order.
- Construction accidents – if you’re injured while working at a site, there may a host of third parties that can be held responsible including contractors, subcontractors, a property owner, heavy equipment operators, or defective equipment manufacturers.
- Car accidents – if you were on delivery or driving a vehicle for a work-related duty, or if you were injured in a car accident while on duty that was caused by a driver who’s not a co-worker, a third party claim may be an option.
- Slip and fall accidents – if you sustain injuries in a slip and fall accident at work, the property owner may be considered a negligent party, depending upon the circumstances.
Before going through with your work injury compensation claim, contact a law firm in Richmond, VA, to see if a third-party claim may be applicable.
Proving Negligence for a Personal Injury Claim
A work injury compensation claim varies from a personal injury claim in a number of ways, one of which is the burden of proof.
If you and your attorney at law firm in Richmond, VA , establish that a third-party claim is the right route for you to take, you’ll have the burden of proving the responsible party’s negligence to the courts in order to receive any personal injury compensation.
In order to win your case, you and your attorney will have to show that:
- the third party owed you a legal duty of care;
- they failed to carry out that duty;
- the responsible party’s negligence caused your injuries; and
- you sustained real and calculable damages as a result of the accident.
As it stands, this is easier said than done. Establishing proof in a third party claim requires the counsel and skill of an experienced law firm in Richmond, VA.
Filing a Third-Party Claim
In Virginia, you must obtain the permission from Virginia Workers’ Compensation Commission in order to proceed with any claims. This includes third party claims, which are usually contingent upon your workers’ comp claim settlement.
It’s important to note that if you try to file a third party claim without informing your employer or the insurance carrier, you’ll forfeit all your workers’ comp benefits – you’ll want to avoid this at all costs. Your attorney can help ensure that you abide by the board’s rules and regulations.
There are no simple, one-size-fits-all solutions for work injury claims; each case is unique. If you’ve sustained a work injury and think you may qualify for personal injury compensation, consult with an attorney who can go over your options with you.
A work injury compensation claim may not grant you the means to pay all your bills or continue taking care of your family. You owe it to yourself and your family to see if there are any other forms of financial remuneration you may be able to collect.
Contact a Law Firm in Richmond, VA
When you have difficulties with your work-related injury claim, a Virginia workplace injury attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 804-755-7755.
What is the process for requesting a hearing for my Workers’ Comp claim?
When you have been injured at work and you are denied benefits, you may need to request a Workers’ Comp hearing. It is usually in a worker’s best interest to secure legal help from a law firm in Richmond who understands workers law and rights.
The process for requesting a Workers’ Comp hearing generally involves the following:
- a claim for Workers’ Compensation in Virginia must be filed (whether or not you are being paid for missed time from work);
- copies of medical records must be obtained from your doctor; and
- medical records must be filed with the Virginia Workers’ Compensation Commission.
There are 2 parts to the form that must be submitted when requesting a hearing. It is usually best to attach your medical records to the form. If you are having difficulty understanding the forms, you may need to contact the Commission. In addition, if you are having trouble getting the medical records that you need, the Commission may also need to be contacted.
However, when you have questions concerning workers law and your right to benefits, you should seek legal counsel. The process of seeking Workers’ Compensation in Virginia is not necessarily an easy task.
Your employer or their insurance carrier may attempt to deny your claim. Even if you are eligible to receive benefits, you may find the process difficult to navigate. Many workers do not fully understand their rights as employees, which is why a law firm inRichmondwho handles Workers’ Comp claims can help.
Facing a Workers’ Comp Hearing? Contact a Law Firm in Richmond
When you have difficulties with your work-related injury claim, a lawyer can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
How Other Benefits Impact Your Workers’ Compensation Claim in Virginia
When you are pursuing a claim for Workers’ Compensation in Virginia, the amount available may be dependent on other benefits you receive. Before filing your Workers’ Comp claim, you may benefit in speaking first to a Virginia Workers’ Comp lawyer.
Although your work injury in Virginia may lead to Workers’ Comp benefits, they could be limited. Depending on the circumstances surrounding your situation, those benefits may not cover the losses you have suffered adequately. In some cases, other benefits could also be available.
Other Benefits Impacting Your Workers’ Compensation Claim in Virginia
Whether or not you were at fault for a work injury in Virginia, you are usually entitled to receive Workers’ Comp benefits. Once you accept those benefits, however, you are no longer able to pursue litigation against your employer or co-workers.
However, additional compensation may be available. For instance, if there was another party involved who does not work for your employer, that party potentially could be held liable through a third-party claim.
An example would be if you were driving the company car and were struck by another driver who was found to be at fault, then you may be able to pursue a claim against them for your injuries. Any compensation you would receive from a third-party claim would have to be approved by the Virginia Workers’ Compensation Commission. A Virginia Workers’ Comp lawyer can help determine if a third party claim is a possibility in your case and if you are entitled to both types of compensation.
When a work injury in Virginia leads to disability, you may be able to collect Social Security disability benefits. The amount, however, may be reduced depending on the specifics of your case. Before filing a Workers’ Comp claim and pursuing Social Security disability benefits, you may wish to speak with a Virginia Workers’ Comp lawyer to learn how this may impact your compensation.
If you receive Medicare, this may impact your benefits for Workers’ Compensation in Virginia. It is expected that your medical expenses will be covered under Workers’ Comp. Medicare will not pay for any of those.
However, if a mistake is made and Medicare somehow ends up paying your medical bills, they have the right to recover those funds. Otherwise, a lien may be placed on any benefits you are entitled to receive.
This is why it is advised that you learn what the guidelines are for dealing with Medicare and your claim for Workers’ Compensation inVirginia. A lawyer may be able to help.
Short-term and long-term disability benefits may also impact your Workers’ Comp claim. If your claim for Workers’ Comp is denied, you may be able to receive short or long-term disability benefits while you pursue an appeal. This can become very complicated, which is another reason to seek help from a lawyer.
Unemployment benefits may be available if your Workers’ Comp claim was denied and you are able to perform light-duty work. However, if you are not able to work at all, you cannot receive unemployment.
If your employer does not allow for light-duty accommodations or you are laid off from work, then you may be able to receive unemployment. However, if after your claim is finally settled and you win, the unemployment benefits you receive will need to be repaid.
After a work injury inVirginiayou may have a lot of questions and concerns about the impact other benefits will have. These cases can become quite complicated and time-consuming to deal with. Contacting a lawyer immediately is the best way to learn what your rights are and what you can do in order to protect them.
Filing a Workers’ Comp Claim? Contact a Virginia Workers’ Comp Lawyer
When you have difficulties with filing a Workers’ Comp claim, a lawyer can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
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.
The following body parts may be covered in a work injury compensation claim when the injury results in loss of use:
- Thumb – 60 weeks’ compensation;
- First (index) finger – 35 weeks’ compensation;
- Second finger – 30 weeks’ compensation;
- Third finger – 20 weeks’ compensation;
- Fourth (little or “pinky”) finger – 15 weeks’ compensation;
- First phalanx of the thumb or any other finger – one-half compensation;
- Great (big) toe – 30 weeks’ compensation;
- Any other toe – 10 weeks’ compensation;
- First phalanx of any toe – one-half compensation;
- Hand – 150 weeks’ compensation;
- Arm – 200 weeks’ compensation;
- Foot – 125 weeks’ compensation;
- Leg – 175 weeks’ compensation;
- Permanent total loss of the vision of an eye – 100 weeks’ compensation;
- Permanent total loss of hearing in an ear – 50 weeks’ compensation; and
- Severely marked disfigurement of the body resulting from an injury not otherwise compensated by this section – up to 60 weeks’ compensation.
Not all employers will be willing to give an injured worker the full amount of work injury compensation the worker potentially is entitled to when he or she loses the use of a limb. Your employer may not explain and offer you all of the benefits you may qualify for when you file your claim. If you feel that you are not obtaining the benefits you are entitled to, a Virginia Workers’ Comp lawyer can help.
Help for an Injured Worker from a Virginia Workers’ Comp Lawyer
When you have difficulties with your work injury compensation claim, a lawyer can bear some of the burden of dealing with the stressors of Workers’ Compensation claims. An injured worker who returns to work or receives a permanent disability rating can also find help when working with an attorney.
For more information about Workers’ Compensation, pick up a free copy of the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Virginia workers’ comp lawyer at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
Virginia Injured Workers’ Compensation for Impaired Body Part
Injured workers can suffer a variety of serious and disabling injuries, and loss of the use of a body part is one of the most devastating accidents. Virginia Workers’ Compensation laws provide for certain durations of compensation for workers who suffer permanent loss of use, either full or partial, of a body part. If you are seeking these types of benefits, you may need a Virginia workers lawyer to help you file your claim.
Eligibility for Permanent Partial Disability Benefits for Injured Workers
The Virginia Workers’ Compensation benefits for the loss of use of a body part are known as permanent partial disability benefits. These benefits cover the full or partial loss of most parts of the body except the back and neck. Any injury to the arms, legs, fingers and toes of workers are the most often covered.
To prove that you are eligible to receive benefits, you will need to seek a disability rating from your treating physician. This can only be done once you have undergone the initial treatment for your injury, and your doctor concludes that you have reached maximum medical improvement.
Disability Ratings for Injured Workers Seeking Disability Benefits
Reaching the maximum medical improvement state of recovery from your injury means the doctor has no expectations that your condition can improve further. If you are permanently disabled, you will need to seek a disability rating to obtain further benefits.
The common testing method for this rating is known as a Functional Capacity Evaluation (FCE) which a physical therapist typically performs on injured workers. Once the therapist submits the report to your doctor, he or she will approve or deny your rating and submit the results to your employer’s insurance company.
The insurance company also will have to approve the rating before the agreement forms are drafted for you to sign. Before signing any of these forms, you should have them reviewed by a Virginia injured workers lawyer to make sure they are in your best interest and that you are earning a fair and full amount.
Calculating Virginia Workers’ Compensation Loss of Use Benefits
There are 3 things that factor into your permanent partial disability benefits when you have lost the use of a body part: your wages, disability rating and the affected body part. The amount of compensation you should be entitled to is calculated as follows:
The percentage of your disability rating multiplied by two-thirds of your weekly income prior to the injury then multiplied by the number of weeks the affected body part qualifies you for compensation.
For example, workers who suffered a 10% loss of use of a leg and made $1,000 a week would be eligible for $11,666.73 in benefits because the loss of the use of a leg is eligible for 175 weeks of compensation. The formula breaks down in the example below:
.10 x $666.67 x 175 = $11,666.73.
All workers who are injured have unique cases that make determining their specific Virginia Workers’ Compensation benefits a personal process. A lawyer will be able to determine how many weeks of compensation you are eligible for based upon the body part that is now permanently disabled.
Dealing with a claim for permanent partial disability benefits can be frustrating, especially when you have just been told that you will face permanent full or partial loss of use of a body part. A lawyer can explain how this formula applies to your specific injury and disability once you have obtained your rating and are in the process of filing your claim.
A Workers’ Lawyer in Virginia helps Workers’ Compensation Cases
Workers who suffer loss of use of a body part can find help filing a claim through a lawyer. To learn more about how Workers’ Compensation works, or to learn about your rights to compensation, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact an injured workers’ lawyer at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744.
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 by the employer.
When a worker is misclassified they can’t be eligible for certain benefits, such as:
- Virginia Workers’ Compensation;
- social security benefits; and
- health insurance.
Many employers illegally use the misclassification of employees as a way to avoid paying for insurance for workers. An employer who misclassifies their workers could face federal fines and legal actions. Get help from a Virginia Workers’ Compensation attorney if you become the victim of employer fraud.
It’s important to be aware of the misclassification of employees in your current job or when looking for a potential employer. If you’re considering a job where you’ll be hired as an independent contractor you should ask why your employer wants to classify you in this way and what the day-to-day work activities will be.
Do some research to find out if a position like this is typically hired as an independent contractor. If something seems strange, you should contact a Virginia Workers’ Compensation attorney to report any misconduct or possible fraud such as misclassification of employees that caused you to miss out on legal benefits. By seeking help from a Virginia lawyer, you can have help on your side when you file a claim against the company in question.
Contact an Virginia Lawyer about Your Work-Related Injury Claim
When you have difficulties with your work-related injury claim, a Virginia workers’ comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
When to Report Workman’s Comp Fraud after Work Injury in Virginia
Workman’s comp fraud happens when an employer tries to deceive the insurance companies and other state and federal agencies about the risk of their employee’s jobs and work conditions to reduce the cost of insurance.
Many employees are often afraid to report workman’s comp fraud in fear of retribution from supervisors but if you believe your workplace is engaging in fraud regarding your work injury in Virginia you should contact a Richmond Workers’ Compensation attorney to learn about your legal rights and what options are available for you to take.
Types of Cases When Employer Should Report Workman’s Comp Fraud
Premium Fraud occurs when an employer tries to reduce their insurance premium costs by misrepresenting the nature of the work their employees are required to perform or the number of actual employees that are working for the company. Occupations considered high risk usually require more costly insurance.
Some employers fail to offer Workers’ Compensation at all to avoid having to pay for the insurance and instead save that money to be reinvested into the company or kept as personal profit.
Payroll fraud is also another common type and happens when an employer purposely misclassifies a full-time regular employee as an independent contractor to avoid having to offer insurance.
No matter what type of offense a company is committing, it is up to the employees to report such illegal matters if they see it happening.
When Your Employer is Committing Workman’s Comp Fraud
If you believe your employer is trying to avoid paying you for your work injury in Virginia, report it. You first call should be to a Richmond Workers’ Compensation attorney who can not only help you recover the payment and benefits you deserve for your injuries while on the job but will also help you seek the proper authorities.
Workman’s comp fraud is an illegal practice of denying employees their required legal benefits by deceiving insurance companies or failing to offer any insurance at all. It is important to report workman’s comp fraud if you witness it happening in order to protect your rights and the rights of your fellow workers. A Richmond Workers’ Compensation attorney can help you if your workplace is refusing to cover your work injury in Virginia.
Signs that Your Employer May be Committing Workman’s Comp Fraud
The following are some signs you can look for if you believe your employer is committing fraud in your workplace:
- paying employees in cash without providing a pay stub;
- no benefits are offered at all or your employer tells you that you are not eligible;
- asking or requiring you to work longer hours than you report on a timecard; and
- issuing you a 1099 instead of a W-2 form.
How do I report Workman’s Comp Fraud?
If you have suffered from a work injury in Virginia and your employer is not offering you legal insurance benefits through Workers’ Compensation this is considered fraud. A Richmond Workers’ Compensation attorney can help you file a fraud claim and take legal action against the workplace in violation. There are different methods of reporting fraud in each state and within in different industries. An experienced attorney will know the best avenue to report workman’s comp fraud.
You deserve to be compensated appropriately when you are involved in a work injury in Virginia. Do not let your employer take advantage of you by committing fraud. Let a Richmond Workers’ Compensation attorney guide you through your options for legal action after you report workman’s comp fraud.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a workers comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
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