I wanted to do just a quick little Virginia workers compensation claims fiction vs. fact for folks as a quick reminder about some of the misconceptions and flawed information that injured workers can sometimes get about dealing with the workers compensation claim process. I’m debunking some of the fiction surrounding Virginia work injury claims!
Fiction vs. Fact
Myths
Facts
Myth
I didn’t report my injury the day it happened, so I can’t get workers compensation benefits.
Fact
In the State of Virginia you can be covered by workers compensatin benefits so long as the injury is reported to the employer within 30 days of the accident.
Myth
The injury was partly my fault, so I can’t get worker compensatin benefits.
Fact
Workers compensation is a no fault process & it doesn’t matter who is at fault for the accident.
Myth
I was injured at work so I am going to sue my employer!
Fact
In Virginia, you are entitled to workers compensation benefits for a work accident injury but you cannot sue your employer because you get injured at work.
Myth
The insurance company is paying my medical bills, so I’m covered.
Fact
The ONLY way to ensure you are protected is to file a Claim Form with the Virginia Workers Compensation Commision and get an award for lifetime medical benefits.
Myth
I was at work while I was injured, so I’m covered.
Fact
Your injury must be related to work in order to be covered. If you fall from tripping over your own feet or have a heart attack, simply being at work does not mean you are covered. Virginia law requires that there is a link between your injury and work.
Myth
The insurance adjuster is looking our for me.
Fact
The adjuster is an agent of the insurance company and their job is to save the insurance company money. They do this by not paying claims. Be careful who you put your trust in.
Myth
I’m a good worker, so my emplyer will take care of me.
Fact
The insurance company determines your benefits. In order to get those benefits you have to meet the laws set forth by VA State Legislature. Being a great (or horrible) employee is NOT a factor determining benefits.
Myths vs Facts about VA Workers Compensation
[pdf-embedder url=”https://www.injuredworkerslawfirm.com/wp-content/uploads/2019/09/Facts-vs-myths-IWLF.pdf” title=”Facts vs myths IWLF”]About the Author: Michele Lewane
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.