Virginia Workers’ Compensation Should Ask Questions

What You Should Ask:  “Do I have an injury that meets the requirements to be covered by Virginia Workers Compensation Benefits?” or “Do I have a compensable injury?”

Here’s the Difference

Anyone can file a claim and ask for a hearing, but you want to make sure that you have a claim that will be successful!  Virginia has stringent rules about who can qualify for coverage for a work injury claim; simply being on the clock does not guarantee that you are covered.  Injuries at work have to meet specific guidelines to be compensable.  For example, an injury has to be the result of a “specific immediate event” and has to be during the “course and scope” of your employment and “related” to your job.  Obviously, some injuries can be easily identified, however, situations like falls, or car accidents can be more complicated.  You should always consult with a lawyer to discuss the specific circumstances surrounding your injury.

What You Should Ask: “Am I taking the right steps to exercise and protect my rights?”

Here’s the Difference:

Everyone asks me, “What are my rights?” I typically get this question at least once a week. There are some rights of injured workers that are simple, easy things to understand (like the right to hire an attorney). However, I really don’t like this question because while we all have rights, everyone’s situation is different.

I have compiled a list for those of you who want to know your rights but, remember, these are very general and, in my opinion, it would be much more helpful for you to contact an attorney’s office so you can provide them with some insight into your particular situation.

VIRGINIA INJURED WORKERS’ RIGHTS:

• You have the right to file a workers’ compensation claim for injuries or occupational diseases occurring on the job;
• You have the right to legal counsel;
• You have the right to seek medical treatment that is reasonable and necessary to treat the work-related injury or illness;
• If you do not agree with the insurance company’s decision about your claim, you have the right to request a hearing before the Virginia Workers’ Compensation Commission;
• You may have the right to receive workers’ compensation wages for time lost due to an on the job injury or illness; and
• If you have hired an attorney, you have the right to terminate their services at any time.

Here’s the issue – listing your “rights” doesn’t necessarily answer the important questions like “what should I do next” or “who will pay my bills while I’m recovering from surgery?” For example, knowing you have the right to medical care doesn’t really cut it! Did you know you may need to see a specific medical provider depending on your situation? Or, do you know that you need to get an Award Order to protect your future entitlement to benefits.

Obviously, being an attorney, I am all for people knowing their rights. I think it is part of who we are as Americans! It is good to know your rights BUT, do you know what rules to follow in order to properly exercise those rights?

What You Should Ask:  “Do I have a valid work note from the right doctor?”

Here’s the difference

The worker’s compensation insurance company will NEVER have to pay you for time out of work without a valid doctor’s note.  Your doctor’s note has to be from the approved worker’s compensation medical provider and must be current.  Also, you need to make sure that you understand the difference between the doctor taking you completely out of work or putting you on light duty (when the doctor gives you restrictions or limitations on your activities) as these are NOT the same.  If the doctor puts you on light duty, there may be additional steps you need to take to make sure you are entitled to lost wage pay.

What You Should Ask:  “Do I have an Award Order?”

Here’s the Difference

When you’ve been injured at work, your employer is not allowed to retaliate against you, however, this DOES NOT protect your job or guarantee continued employment.  So, the simple answer is yes, it is possible you could be separated from your employment even if you have a compensable injury.  What you need to know is if you have an Award Order through the Virginia Workers Compensation Commission protecting your entitlement to ongoing medical benefits, as well as an ongoing weekly check if the doctor is keeping you out of work or if you are under light-duty restrictions.  If your employer lets you go while you are under doctors orders to be out of work or on light duty limitations and the employer were to terminate you (through no fault of your own or “without cause”), you need to make sure you have an Award in place to protect your benefits, regardless of your employment status.

Don’t know how to get an Award?  Call our office at 804-755-7755 and we will fill you in!

What You Should Ask:  “Do I have an Award Order?”

Here’s the Difference

Some injuries can resolve in weeks or maybe a few months, while others can resolve and then flare up later on, and no doubt, other injuries are lifelong and will never fully heal.  So, your medical coverage needs to be available to you for as long as you need it!  The way to ensure this is to get an Award Order through the Virginia Workers Compensation Commission.  This document lists the body parts that are covered under your claim and protects your entitlement to future medical care that is necessary and related to your injury.  Also, lost wages have a time limit on them as well.  You can be entitled to lost wage pay up to 2 years from the date of your injury OR up to 2 years from the date you were last paid, pursuant to an Award Order.

Don’t know how to get an Award?  Call our office at 804-755-7755 and we will fill you in!

What You Should Ask:  “Do I need a Lawyer?” or “Do I need legal advice?”

Here’s the Difference

The short answer is yes, you can get a lawyer.  However, not every situation may require formal legal representation.  Basically, we would never tell you to hire an attorney unless you need to!  BUT… What we do recommend is that you always consult with a lawyer in order to make sure that you are taking the proper steps to navigate this process.

Our Team at the Injured Workers Law Firm are your advocates, we’re not just a law firm.  We offer free guidance and information to ALL who have been injured at work in Virginia.  Want proof?  Check out our free books! 

What You Should Ask:  “Do I have an Award Order?”

Here’s the Difference

If your doctor says that your injury prevents you from returning to your job, you may find yourself looking for new employment or possibly work in a completely new field.  This can be a long process and you’ll want to make sure that you are receiving lost wage pay while you make this transition.  An Award Order from the Virginia Workers Compensation Commission is what protects your entitlement to ongoing benefits.

In cases of catastrophic injuries, the doctor may declare that you will never work again.  If you find yourself in this incredibly difficult situation, you MUST get an Award and CALL A LAWYER IMMEDIATELY.

Don’t know how to get an Award?  Call our office at 804-755-7755 and we will fill you in!

What You Should Ask:  “Is a settlement the best option for me?”

Here’s the Difference

When you have a workers compensation claim, you may have the option to take a settlement.  This means that you would be taking all of your benefits and future entitlements in one lump sum, and essentially closing your claim.  Settlement values are determined by several factors like:

• the severity of your injury
• the medical care you will require
• what you were earning at the time of the injury
• if you are able to return to your job

Several other factors may also be at play depending on your specific circumstances.  You also may need to consider things like Medicare and Social Security, or if you will have access to adequate medical care if you settle your claim.  Settlement can be complicated, and you should most definitely consult a lawyer before making your final decision to ensure you are making the best choice for your situation.

Learn More about Settlement Pros and Cons