Are You Unable To Return To Work Due To On-The-Job Injuries?

It can be a frightening experience to realize you may not be able to return to work when you thought you would be able to after an injury. How will you pay your bills or provide for your family? When will you be able to return to collecting an adequate income? Fortunately, Virginia law requires most employers to carry worker’s compensation insurance. Workers’ comp provides employees hurt on the job with insurance coverage to pay medical bills, to replace lost wages and to cover other costs associated with workplace injury and inability to work.

When an on-the-job injury results in a permanently disabling injury, workers’ compensation can provide permanent total compensation. In cases of accidents resulting in death, workers’ compensation can provide benefits to dependents. At Dickerson & Smith Law Group, we have decades of experience providing employment law representation to the private sector as well as government employees/civil service employees. Our attorneys protect the rights of seriously injured workers from construction sites to shipyard workers and everywhere in between. If you have a workplace injury, do not hesitate to schedule an appointment with our employment law attorneys. Please call 757-828-0031 to schedule a free consultation with us. You may also reach out to us online.

Your Workers’ Compensation Case Starts With Notifying Your Employer

Virginia workman’s comp rules are specific and must be followed precisely, or you will not be able to collect the compensation you may be entitled to. Employees injured on the job must notify their employers within 30 days of the incident causing the injury. Once your employer has filled out an accident report, it is sent to the employer’s insurance company as well as to the Virginia Workers’ Compensation Commission. The insurance company adjuster will review the report as well as associated medical reports. If there are no problems, the claim is accepted and payment for medical bills and partial compensation for salary begins.

Workers’ comp claims can quickly become stalled, hindering your ability to collect benefits. Insurance companies often deny claims they classify as having occurred outside your workplace. Sometimes, you are ordered to go back to work before your recovery is complete.

Our attorneys help you by collecting the proof required to support your claim, coordinate with doctors, employers and the insurance companies to ensure your benefits will meet your medical costs and vocational rehab needs. You may need help negotiating with the nurse case manager or vocational rehabilitation specialist. When necessary, we also represent our clients at formal hearings before the Workers’ Compensation Commission.

We can help you understand the complex worker’s comp benefits that are best for your long-term needs, medical care and rehabilitation costs, including:

• Temporary disability – Money for injured workers receiving treatment but still unable to work
• Permanent disability – Money for workers who can no longer work due to a permanent loss or problem resulting from a work-related injury
• Lump sum – Money given to those who have suffered a permanent impairment from work-related injury or illness as compensation for the loss suffered
• Vocational – Money used to train you for a new type of work, or vocation

Learn more by exploring our FAQs below.

What is the process for filing a claim in Virginia?

The first step is to tell your employer about your injury right away. You have 30 days to inform your employer. The next step is to file your claim for benefits form with the Virginia Workers’ Compensation Commission. Your employer needs to file an accident report within 10 days of your notice and submit it to its insurance company as well as to the Virginia Workers’ Compensation Commission. The insurance company then reviews the claim along with the medical records. When the commission accepts your claim, compensation follows.

Are all work-related injuries covered?

If your injury happens while you are at work or doing something for your employer or at a work-related event, workers’ compensation covers your injury. Additionally, your injury is covered if it was caused by a specific activity you do at work or happened suddenly at the time you would be at work. However, if your activity resulted from your misbehavior, actions not related to your ordinary work activity or progressive injuries or due to repetitive actions, your injuries are not covered.

Does my employer have to have workers’ compensation insurance?

Virginia law requires most employers to carry workers’ comp insurance at no charge to the employee. A business with more than two employees must have coverage for all workers, including those who are minors, part time, temporary or seasonal, trainees, family members and immigrant workers.

Does workers’ comp cover long-term issues?

That depends on what the long-term issue is. Virginia’s workers’ compensation generally will not cover progressive or repetitive trauma injuries. However, workers’ comp covers some diseases. If the disease was caused at work and is not related to spine, neck or back diseases, it may be covered by workers’ compensation.

Can I be treated by my own doctor?

This will depend on your employer’s response. It is important to report your injury to your employer right away. Your employer may direct you to a physician who accepts their insurance. If you need to go to the emergency room for treatment, tell the medical staff that you were injured at your workplace.

Why should I hire a lawyer to help with my claim?

The state’s process for filing for workers’ comp is complex. Your employer might deny your claim. Insurance companies scrutinize injuries and deny claims. An experienced workers’ compensation attorney can streamline your workers’ compensation claim and anticipate pitfalls. If your claim is up for a formal hearing before the Virginia Workers’ Compensation Commission, an attorney can provide a well-organized presentation for you. An attorney can also ensure that you receive the proper level of care by negotiating with case managers and specialists on your behalf.

Our Initial Consultations Are Free. Call Us Today.

Although Virginia is a fairly conservative workers’ compensation state, our clients at Dickerson & Smith Law Group have a high rate of success receiving compensation. In almost all cases, we accept no attorneys’ fees unless and until we win your case. All attorneys who handle workers’ compensation cases must comply with the fee restrictions set by the Workers’ Compensation Commission. Call 757-828-0031.