What Are the Most Important Things I Need to Know When I Get Hurt at Work?

Injured Workers’ Law Firm Attorney Michele Lewane explains the most important things you need to know when getting hurt at work?. Most claimants are not fully aware the law states that you only have 30 days to report the injury to your employer.
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Video Transcript

You should immediately report the injury to your employer since the law states that you only have 30 days to do so.

Also, you need to file a claim for benefits with the Virginia Workers Compensation Commission, just because the insurance company is voluntarily paying you does not mean that your benefits are protected. The only way to get the Virginia Workers Compensation Commission to become aware that you have a claim and how you do that is to file a claim for benefits.

Be sure to keep copies of all medical records and all disability slips.

And finally, you’re in a very financially devastating situation and every little bit of financial assistance helps, so be sure to get all of your entitled benefits including your milage reimbursement.

Next you need to make sure that you’re watching out for tricks that the insurance adjuster may use to hurt your case.

Insurance adjusters voluntarily pay you some benefits, but this is not the same as having protected benefits and you may be cut off after 2 years from the date of your accident or the adjuster changing their mind.

Insurance adjusters will record your statements, and will do this fairly quickly as they try and lead you to make statements that will void your injury from being covered by workmans compensation. Many accidents are not covered under Virginia Workers compensation laws.

Insurance adjusters hire private investigators all the time. The investigators will watch you for days on end or sporadically either at your home or in public like at the grocery store. They could be watching you for a solid month and then not again for 5 months, they are trying to catch you doing something that your doctor would deem inappropriate for your work restrictions. Just assume that you’re being watched and avoid doing things that your doctor might deem inappropriate for your work restrictions.

An additional trick is that adjusters try to have you sign forms that contain the wrong information about your injuries or effected body parts or even your wages. This most important of these is the effected body part, because if you have a neck and shoulder injury, but the form that you signed only lists your neck, then they are only legally responsible for covering the treatment for your neck and not your shoulder.

this works the same with your wages, insurance adjusters are going to take the employers word for how much you are paid and the number of hours worked to establish your average weekly wage. However, you are entitled to your Holiday bonus, entitled to overtime and entitled to shift differentials. So if you have a doubt about your rate of pay be sure to double check with your pay stub.

there are a few mistakes that can be very costly, Hiding an old accident or injury can cause problems, aggravations of pre-existing conditions are covered, but misrepresenting your injuries can cause significant problems with your claim.

If you fail to report your claim to your employer, the Virginia Workers Compensation Commission can deny your claim for failing to give timely notice.

If you fail to report your claim with the Virginia Workers Compensation Commission within the statutory time period your claim will be denied for not being timely filed.

One of the worst mistakes is failing to get under an award order. Once you are under an award order there are many items that are of great benefit to you including you do not need to be doing a job search or marketing when you’re under light duty restrictions, if your case is urgent, you can get an expedited hearing within 30 to 60 days as opposed to waiting 4 to 5 months.

There are many other mistakes that can happen, so it is your responsibility to learn as much as you can about workers compensation and protect your rights. You can get our free book, The Ultimate guide to Workers Compensation in Virginia from our website to help you protect your rights and maintain your benefits, protecting you and your family so that you will receive the best medical recovery possible.

The Injured Workers Law Firm is focused on serving clients with workers’ compensation claims throughout Virginia. For answers to your questions about benefits download our book, The Ultimate Guide to Workers’ Compensation in Virginia or call our office today (804) 755-7755. The Injured Workers’ Law Firm, serving Fredericksburg, Virginia Beach, Manassas, Charlottesville, Fairfax, Hampton Roads and all of Virginia.

2017-04-23T20:24:54+00:00

About the Author:

The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.