A work-related injury can be devastating to you and your family. You may be saving for a home, worried about paying for the kids to go to school, or saving for retirement. In an instant, a work-related injury can change all of your plans. Workers’ compensation is there to get you the medical treatment you need, and to protect against falling into financial ruin due to a work injury. That said, to minimize the disruption a work injury can cause, you need to know your rights.
The most beneficial way to get the compensation you deserve is to speak with a Virginia workers’ compensation attorney as soon as you can. The Injured Workers Law Firm has been helping clients for years with workers’ compensation claims. Our team of attorneys has a track record of fighting zealously for our clients, because we are passionate about getting justice in the workers’ compensation process. Call us at 804-755-7755 for more information. We will fight for you.
Notify Your Employer
The first step with regard to any work-related injury is to make sure that your employer is notified. In fact, that rule is mandated by the Virginia Workers’ Compensation Act. According to the Act, you must notify your employer, in writing, about the work-related injury within 30 days of the injury.
Another important step for you is to get acquainted with Virginia’s workers’ compensation process. Following a work accident, one of the first questions that may come to your mind is “what are my rights?” That is a valid question. Although every situation has its own complexities, there are some fundamental workers’ compensation rights of which you should be aware. They include the right to file a workers’ compensation claim, and the right to obtain both medical treatment and legal counsel.
In fact, to learn about all of your rights if you have suffered an injury at work, check out The Injured Workers Law Firm article “Your Rights After an Injury at Work.” It is a “must read” as you embark on a workers’ compensation claim journey.
Can You Sue Your Employer?
In addition to the question “What are my rights?” another important question you may be asking yourself is “Can I sue my employer?”
Generally speaking, in Virginia, you cannot sue your employer for a work-related injury. The only recourse to obtain compensation is to through Virginia’s workers’ compensation law.
The reason why workers’ compensation is the only avenue available is that it provides much-needed certainty to both employees and employers. All states created workers compensation laws as a compromise.
Stated differently, without workers’ compensation benefits, an injured employee may never be able to obtain the compensation he or she deserves because an employer could leverage its financial advantage over an employee, stalling or removing any chance of recovery. The injured worker would have to prove negligence on the part of the employer and wait years for any financial recovery. By the same token, one catastrophic accident in the workplace could financially ruin a small employer, putting it out of business.
Accordingly, the workers’ compensation process is seen as a trade-off. Employees are better able to obtain some compensation in a reasonable amount of time, and in a manner that allows for proper medical attention. Yet, in return, employers cannot be sued and are better able to manage risk by carrying workers’ compensation insurance.
To learn more about the reasons why an employee cannot generally sue an employer for a work injury, check out our article “Can You Sue Your Employer for a Work Injury?”
What Type of Lawyer Do You Need?
When it comes to workers’ compensation matters in Virginia, you need an expert in workers’ compensation law. A general practice attorney will not be able to handle your case as effectively as someone who has specialized in workers’ compensation for years. Indeed, Virginia’s Workers’ Compensation Act is complex and has many rules and exceptions that change frequently. Only a workers’ compensation specialist will be able to truly represent your interests and obtain the best outcome in your case.
Our attorneys at The Injured Workers Law Firm are the kind of specialists you need. For decades, we have been in the trenches fighting for our workers’ compensation clients here in Richmond, Virginia. In fact, you cannot find more experienced Virginia workers’ compensation lawyers than the professionals at The Injured Workers Law Firm. Call us for a free consultation at 804-755-7755.
Having handled as many cases as The Injured Workers Law Firm has, we understand the challenges you face, both medical and financial. We are here to help you by making the workers’ compensation process easy, so you can focus on healing. Call today.