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Workers’ Compensation Procedure
In Virginia to get workers’ comp benefits after you’ve been injured you need to notify your employer within 30 days of the date of the accident. This in turn will, if the employer is doing what they are supposed to do, once they receive notice they will file a first report of accident and submit it to their workers’ comp insurance carrier. At that point you would be contacted by the insurance adjuster, asked questions about your injury and usually you will give a recorded statement. Then you would begin receiving your payments.
BUT, this may seem simple except this is where there are many traps. The biggest problem is that the injured worker has the burden of proof. This means that the insurance adjuster and the employer can do nothing, can say nothing cannot explain anything to you and possibly even mislead you and you have no recourse. It is up to the injured worker, even if they are unconscious, to know what their rights are and ask for their benefits to be able to obtain any workers’ compensation benefits. Insurance adjusters have a policy of if they don’t ask, they don’t tell.
Michele Lewane and her staff are experienced with the complexities of Virginia workers’ compensation law. We assist clients in every phase of their claim and ensure they receive every benefit to which they are entitled. Contact us to be certain you are doing everything possible with your workers compensation claim.
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