Working With a Virginia Workplace Injury Attorney After a Work Injury or Illness

If you’re suffering from a disease caused by your job, a Virginia workplace injury attorney can help you file a claim for Workers’ Compensation. The Workers’ Compensation physicians your employer chooses are likely to have affiliations with the company and your attorney will explain how this affects your case. Additional questions – such as how does Workers Comp work? – can be addressed by a Virginia workplace injury attorney. 

How does Workers Comp work for work-related diseases/illnesses?  

Most claims for Workers’ Compensation involve injuries caused by accidents at work such as a back injury from lifting heavy boxes or carpal tunnel syndrome from repetitive tasks. However, you could have developed an illness or disease while on the job. This is also known as an occupational disease. 

To prove that you have suffered an occupational disease, you will need to provide evidence that demonstrates it wasn’t circumstances outside of employment that brought on your sickness, but something that occurred during your course of employment. 

Here are some of the types of evidence that can be helpful when filing for Workers’ Compensation: 

  • physicians’ notes:
  • medical records;
  • prescriptions; and
  • work-related reports (such as air quality). 

A Virginia workplace injury attorney understands that proving occupational disease can be even more complicated than proving an injury. They will explain any other types of evidence that may be helpful. 

When someone is injured at work, most workers understand you can file a claim. However, if you are suffering from an illness or disease, then you may be wondering how does workers comp work in this circumstance? The same way an injury claim would be handled is the same way you would for an occupational disease. 

Some of the types of illnesses that a worker might contract on the job include asthma, heart attacks or cancer. However, you will need to demonstrate that these medical conditions are not pre-existing. In order to prove this and receive Workers’ Compensation, a physician’s records will be of help. 

Pre-existing medical conditions which are worsened or complicated by your job would not qualify for Workers’ Compensation. The physicians’ records will be able to demonstrate this, so if you were diagnosed with asthma previously and exposure to fumes in your workplace have worsened your condition, this wouldn’t qualify. 

On the other hand, if you had never been diagnosed with asthma and suddenly developed it, then you may be able to demonstrate that it was caused by fumes or some other toxic substance in the air. A Virginia workplace injury attorney can help you prove your condition came about as a result of your job. 

Obtaining Benefits for a Disease or Illness Caused By Your Job 

When you are injured on the job, you can expect to receive benefits that correspond to the date you were injured. In other words, you are entitled to benefits from the date of your injury. However this works a little differently with occupational diseases. 

It may not be known when exactly you developed your illness or disease. Therefore, for occupational disease, you can expect to receive benefits from Workers’ Compensation beginning from the date you were diagnosed. A physician’s medical records and notes can help document this. 

Since this type of work-related case can be a bit more complicated, you would benefit in getting help from an experienced Virginia workplace injury attorney. An attorney who handles work injury cases has knowledge of Workers’ Compensation laws and can even utilize outside resources, such as medical experts, to help your case. 

How does workers comp work? Contact an attorney as soon as possible for a thorough explanation. Your attorney can protect your rights and ensure that your Workers’ Compensation claim is handled fairly. 

Contact a Virginia Workplace Injury Attorney  

When you have difficulties with your work-related injury claim, an attorney 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 – 877-755-7744 or 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.