This video explains the process of your workers compensation claim. This may help you to understand all the things to look for when filing your claim with the Virginia Workers Compensation Commission. The Virginia Workers’ Compensation Commission is a state agency. Everything must go through the Virginia Workers’ Compensation Commission. Filing a claim with the insurance company is not the same as filing a claim with the Virginia Workers’ Compensation Commission. Check out their website at www.vwc.state.va.us/ for more information about the commission.
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Video Transcript
As soon as you are hurt on the job you should immediately report the injury to your employer since the law states that you only have 30 days to do so.
Many serious injuries start as feeling like just a small pulled muscle that will go away which eventually just proceeds to get worse.
Next you file a Claim Form with the Virginia workers compensation commission. You can get the needed forms from our website at Injured Workers Law Firm.com or on the Virginia workers compensation commission website or the commission may also mail you a copy.
Your employer will file a first report of accident and will make the insurance adjuster aware of your claim as well as notifying the commission.
An insurance adjuster may call you requesting a recorded statement. At this time the adjuster may also offer you a choice of three physicians so that you can choose one to start medical care.
The Virginia workers compensation commission will mail a 20 day order to the insurance adjuster so they can officially accept or deny the claim. If the claim is denied by the adjuster a hearing will be scheduled.
If the claim is accepted by the adjuster, the adjuster will send you agreement forms for your signature that will be mailed back to the adjuster who will then mail them to the commission and complete the process of the claim being accepted.
If a claim is accepted the Virginia workers compensation commission enters an award order. Some of the many benefits of being under an open award include:
You can request faster hearings in some circumstances instead of waiting several months with a hearing in 30 to 60 days.
The statue of limitations stops on all body parts listed in the award order
Also, there is no obligation to look for light duty work or to market, which is the term used in the commission.
And finally if a conflict arrises in the future, the insurance company cannot contest any issues related to the original accident. For example, if you were hurt slipping and falling while at work and later it is determined that is was unexplained, which generally is considered as a non-compensable injury, since the claim has been legally accepted they cannot bring up this information at a later date.
The only issue at a future hearing date would be the single issue that is being contested, for example, approval of surgery, they could not go back and challenge the original accident or review witnesses or testimony on how the original accent occurred.
For additional information on protecting your award, order your free copy of The Ultimate Guide to Workers Compensation in Virginia at injuredworkerslawfirm.com
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.
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.