When talking to injured workers, I often hear them make the argument that they should be awarded benefits based on their “common sense” situation (“I was hurt at work, my medical care should be paid for.” “I obviously cannot work so I should be paid for my time off.”). What’s worse is, I agree with them – HOWEVER- the state of Virginia has specific rules that must be followed and standards that must be met in order for injured workers’ to collect benefits. “Common Sense” is NOT AN EXCEPTION to these rules and standards, period. Assume nothing, the burden of proof is on the injured worker and this means that it is up to you to prove your case. Never put yourself in a position to rely on the insurance company or your employer to ensure you receive the proper benefits.
IGNORANCE of the law is no exception to the law and not following the rules because you were unaware of them is no different than violating them intentionally.
If you are unsure of what standards need to be met or what rules you need to be following, you need to speak to an experienced workers’ compensation attorney to ensure your rights are protected.