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.

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 determined compensable and you win, the unemployment benefits you receive will need to be repaid. 

After a work injury inVirginia you 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.


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.