The 5 Steps in a Workers’ Compensation Claim in Virginia

One of the most common questions that any Workers’ Compensation attorney in Richmond, VA, is asked is, “How does workers’ compensation work?” There are many important elements in a Workers’ Compensation claim, but two of the most relevant to you, the worker, involve Virginia’s (Workers’ Compensation) statute of limitations, and the timeline of necessary steps involved in a work injury claim. 

How Does Workers’ Compensation Work? The Process after an Injury 

First, after you’ve been injured on the job, you should immediately report the injury to your employer. Even if the injury seems relatively minor, like a small fracture or a flesh wound, report it at once and file a claim. 

Time is of the essence when it comes to filing a claim for Workers’ Compensation. The statute of limitations in Virginia only gives you a narrow window of time in which to claim your benefits. The longer you wait to file, the less likely it is you will get the full benefits you would otherwise be entitled. 

Second, your employer will file what’s called a “first report of accident” with their Workers’ Comp insurance provider, who forwards that information to the Virginia Workers’ Compensation Commission. 

Third, your employer’s insurance carrier will then attempt to contact you by phone to get a recorded statement. Your attorney in Richmond, VA, will generally recommend that you do not provide a recorded statement. Typically, insurance adjusters attempt to use this recording to take statements you make out of context or to catch you on a small detail to outright deny your claim and benefits.

 Before you speak with an insurance adjuster, it’s highly advisable to speak with an attorney in Richmond, VA who can answer your questions about: your right to Workers’ Compensation; the statute of limitations in Virginia and how it affects your Workers’ Compensation claim; and what to be on the lookout for when dealing with your employer and their insurance provider. 

If you’ve been injured on the job, you deserve justice and fair compensation, so contact a lawyer today.  

When you’ve been injured on the job, you may find yourself asking co-workers and friends, “How does Workers’ Compensation work?” If you’ve been hurt, don’t waste time getting secondhand answers. Speak with a Workers’ Comp attorney in Richmond, VA, who can give you legal advice about your case, such as how Virginia’s (Workers’ Compensation) statute of limitations can affect it. 

How Does Workers’ Compensation Work? The Process after an Injury 

Fourth, after you have spoken with the insurance adjuster, it’s important that you make sure you have received a claim for benefits form from the Virginia Workers’ Compensation Commission. If you have not, you should request one. In some cases, insurance companies will make voluntary payments without filing the first report of injury with the Commission. 

It is crucial that you obtain and file this claim for benefits form, which puts the insurance company under certain legal restrictions. The Commission will submit a 20-day order to the insurer, giving them 20 days to address whether or not they are accepting or denying the claim and provide an explanation if they are denying it. 

This benefits you. If the insurer just makes voluntary payments without an official award order, they can stop at any time and you’d have to start from scratch, proving your injury. 

Fifth, if the insurance carrier accepts your claim, then you will begin receiving two-thirds your average weekly pay and you will be presented with a panel of three physicians from which you may choose one to be your attending Workers’ Comp doctor who will conduct examinations and determine when you are able to go back to work. 

If you encounter any problems in this process or if you feel that your doctor orders you back to work before you are fully healed, you should speak with an attorney in Richmond, VA, immediately. 

Contact an Attorney in Richmond, VA, about Your Work Related Injury Claim 

When you have difficulties with your work-related injury claim, a Workers’ Compensation attorney can bear some of the burden. An attorney can answer your questions, such as “How does Workers’ Compensation work?” or “How will the Virginia Workers’ Compensation statute of limitations affect my claim?” 

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.

2016-10-30T13:43:11+00:00

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.