• Injured at Work? What Now?

    If you have been injured in a workplace accident, here are several important steps you must take to get compensation for your injuries and lost wages.

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  • Trouble With Your Workers Comp Claim?

    If you have questions about your claim or if your worker's compensation claim has been denied our attorneys can help.

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  • What's Your Claim Worth?

    Not all work injuries claims are the same, some are worth more than others. We can help get you the most out of your claim.

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How long must an employer keep an employee on their rolls if they are out on Workers Compensation?

Workers Compensation and keeping your job are independent of one another. Unfortunately, many people mistakenly think that being injured on the job means that your employer has to keep your job for you. That is not the case. There is no such requirement in the Virginia Workers’ Compensation Act. Virginia is an employment at will state and so your employer can let you go at any time, but this will not affect your entitlement to workers’ compensation.
Many times an injured worker who is receiving workers’ compensation benefits loses his job which also makes him loose his health and other benefits. Review your company’s personnel policy or Union contract. You may have rights regarding medical leave of absence. If your employer has 50 or more employees, The Federal Medical Leave Act (FMLA) will apply but that only mandates that an employer keep you on for 90 days. If you have gone back to work and you are still under work restrictions (due to your on the job injury) when you are let go, you may be able to start receiving a WC weekly check again.
by Michele S. Lewane, Attorney at Injured Workers’ Law Firm, Richmond, Virginia


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.