What is the Employer’s Responsibility When a Worker is Injured?
Injured Workers Law Firm specializes exclusively in Virginia workers’ compensation cases. In this article, we will explore a critical question that many injured workers in Virginia have: What is the employer’s responsibility when a worker is injured?
Understanding your rights and your employer’s obligations under Virginia workers’ compensation laws is crucial. Here, we will break down the key responsibilities employers have when a worker is injured on the job in Virginia, ensuring you are well-informed and protected.
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Immediate Medical Attention
When a worker is injured, the employer’s first and foremost responsibility is to ensure the employee receives immediate medical attention.
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Reporting the Injury
Employers in Virginia must report any workplace injury to their workers’ compensation insurance carrier promptly. This report, known as the First Report of Injury, must be filed within ten days of the employer becoming aware of the injury. This step is crucial as it initiates the workers’ compensation claim process, allowing the injured worker to start receiving benefits. In Virginia, once the workers compensation carrier is notified, they are required to provide a panel of at least three physicians for the injured worker to choose from. This panel should not include physicians from the same practice to ensure a fair choice. The selected physician will oversee the worker’s treatment and recovery process.
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Providing Wage Replacement Benefits
Virginia workers’ compensation law mandates that injured workers are entitled to wage replacement benefits if they are unable to work due to their injury. Employers, through their insurance carriers, must provide these benefits. Typically, wage replacement benefits amount to two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by Virginia law.
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Prohibiting Retaliation
Virginia law protects injured workers from retaliation. Employers cannot fire, demote, or otherwise discriminate against an employee for filing a Virginia workers’ compensation claim. If you believe you have been retaliated against, it is essential to seek legal advice immediately to protect your rights.
Conclusion
Understanding the employer’s responsibilities when a worker is injured is crucial for both employees and employers. At Injured Workers Law Firm, we are dedicated to helping Virginia workers navigate the complexities of workers’ compensation claims. If you have been hurt at work and need assistance, please do not hesitate to contact us.
By understanding your rights and your employer’s obligations, you can ensure you receive the benefits and support you deserve. For more information or to schedule a consultation, visit our website or call Injured Workers Law Firm today. We also will give you a copy of our free book just by filling out this form. 804-755-7755
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.