Being injured on the job can be a devastating experience, especially if the injury results in high medical bills or short- or long-term disabilities that prevent you from being able to return to work. At the office of the Injured Workers’ Law Firm, our Virginia workers’ compensation attorney understands the anxiety and worry you may be experiencing after being involved in an on-the-job accident. For help recovering the workers’ compensation benefits you deserve, call our law firm directly today.
What Is Workers’ Compensation?
Workers’ compensation insurance is a type of no-fault insurance that pays for a portion of a worker’s damages when they are involved in a workplace accident. Through the workers’ compensation system, an injured worker does not need to prove fault, nor will they be barred from recovery if their own fault caused or contributed to the accident. In exchange for no-fault benefits, employers have immunity from liability, which means that the employer cannot be sued directly by the injured employee.
Eligibility for Workers’ Compensation
The state of Virginia mandates that all businesses with three or more employees are required to carry workers’ compensation coverage. This applies to both part- and full-time employees.
In order for a worker to be eligible for workers’ compensation, they must be able to prove that their injury arose out of the course of their employment, which means that it happened while at work or/and while performing a job-related task.
Workers’ Compensation Benefits
If a worker can prove that their injuries occurred as a direct result of a work-related activity, then they are eligible for workers’ compensation benefits. Types of workers’ compensation benefits in our state include:
- Medical benefits, which compensate a worker for all reasonable and necessary medical expenses;
- Lost wage benefits, including temporary and permanent disability benefits; and
- Death benefits, which are paid to a spouse or/and dependent children if a workplace injury results in a covered worker’s death.
Why You Need a Skilled Virginia Workers’ Compensation Attorney
While you may be entitled to workers’ compensation benefits after being injured on the job, you may not be offered the settlement that you deserve; in some cases, your claim could be denied completely. You need a skilled Virginia workers’ compensation attorney on your side to:
- Help you to prove the causal connection between your workplace activities/accident and your injuries;
- Assist you in understanding the extent of damages you’ve suffered and the value of your claim;
- Stand up to an employer who refused to report your injury or takes retaliatory actions against you;
- Negotiate your workers’ compensation settlement; and
- Represent you in a workers’ compensation appeal if necessary.
Additionally, a skilled workers’ compensation attorney will also be able to determine whether or not you have a viable third-party liability claim.
We want to help protect the rights of workers and offer education on the workers’ compensation process. Are you searching for more information about your options? Please request your free copy of our free ebook: The Ultimate Guide to Workers’ Compensation in Virginia.
Call Our Virginia Workers’ Compensation Attorney Today
If you have been injured at work, you likely have a right to workers’ compensation benefits. For help with your claim from a qualified workers’ compensation attorney in Virginia, call the Injured Workers’ Law Firm directly today at (804) 755-7755 for your initial consultation.
Myths vs Facts about VA Workers Compensation
I didn’t report my injury the day it happened, so I can’t get workers compensation benefits.
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.
The injury was partly my fault, so I can’t get worker compensatin benefits.
Workers compensation is a no fault process & it doesn’t matter who is at fault for the accident.
I was injured at work so I am going to sue my employer!
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.
The insurance company is paying my medical bills, so I’m covered.
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.
I was at work while I was injured, so I’m covered.
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.
The insurance adjuster is looking our for me.
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.
I’m a good worker, so my emplyer will take care of me.
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.