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If you were injured or became ill due to an on-the-job accident or workplace conditions in Hopewell, Virginia, you may be entitled to workers’ compensation benefits. These benefits can include paid medical care for work-related injuries and weekly checks to replace a portion of lost income while an injured worker is unable to work. You deserve all the benefits provided by Virginia law to workers injured on the job.
But some employers and workers’ compensation insurance administrators dispute valid on-the-job injury claims to try to protect their profits and avoid paying. You may need one of our experienced Hopewell workers’ compensation lawyers to demand the benefits available to you by law.
At the law firm of Marks & Harrison, our workers’ compensation attorneys understand that many injured workers are in difficult financial situations. That’s why we offer free initial consultations and do not charge you any up-front legal fees to begin work on your workers’ compensation case. We will not charge you at all unless we secure compensation on your behalf.
Contact us today for a free consultation to learn more about your legal options.
What Are Workers’ Compensation Benefits?
Workers’ compensation benefits include lost wages and paid medical care for work-related injuries or diseases developed due to workplace exposures. Under Virginia law, most employers are required to carry workers’ compensation insurance, which pays for medical expenses and provides lost wage benefits to employees who get hurt at work.
Injured employees in Hopewell are entitled to claim workers’ comp benefits no matter who was at fault for the workplace accident that caused their injuries. Injured workers are not required to demonstrate that their employer or any other party was liable. In fact, injured employees are still eligible to claim workers’ compensation benefits if they were partially or fully at fault for their injuries. However, benefits may be denied in cases in which the injuries were caused by workplace intoxication, horseplay, violation of a safety rule, or misconduct.
Because Virginia worker’s compensation benefits are provided by your employer, they come with certain restrictions. For example, if you are eligible for workers’ comp benefits you are usually prohibited from suing your employer. Your employer is also generally allowed to determine the doctor who will treat your workplace injuries by providing a pre-approved list of doctors from which you can choose.
Any lost wage benefits you receive are capped at a maximum of two-thirds of your average, pre-injury weekly earnings, up to the maximum statutory rate, and are only available for up to 500 weeks unless you suffer a permanent total disability.
What Should I Do If I Have Been Injured on the Job?
Most businesses in Virginia are required to have workers’ compensation insurance. But that does not mean you will automatically receive the benefits you are entitled to claim. The steps you take in the aftermath of a workplace accident can affect your claim. To protect your rights as an employee and establish a strong foundation for your workers’ compensation claim, you should:
- Seek emergency medical attention right away if you suffer a traumatic workplace injury. Make sure you let the staff at the ER know that you were hurt on the job.
- Notify your employer of your injuries as soon as possible and within 30 days of the date of the incident, as required by law. Be sure to submit a written notice and retain a copy for your records.
- Fill out a workers’ compensation claim form and submit it to the Virginia Workers’ Compensation Commission (VWCC) within two years of the incident. You can submit your claim by mail, by fax, online, or in person at a VWCC office location.
- Contact a knowledgeable workers’ compensation attorney. If the insurance administrator or your employer disputes your workers’ compensation benefits, you should have an experienced Hopewell workers’ compensation attorney review your rights.
How Can a Hopewell Workers’ Compensation Attorney Help Me?
At Marks & Harrison, our Hopewell workers’ compensation attorneys understand the impact a workplace injury can have on your life and the challenges of obtaining fair compensation. If you were injured or became ill on the job in Hopewell, VA, our lawyers can:
- Meet with you for a free initial consultation to discuss the facts of your case, outline your legal rights, and explain your options.
- Help you prepare an error-free claim form to demand the full workers’ compensation benefits you deserve.
- Review your medical records to understand the extent of your injuries and communicate with your providers to ensure you are receiving the care you need.
- Communicate with your employer or the insurance provider on your behalf.
- Provide you with regular updates about our work on your case.
- Represent you in front of the Virginia Workers’ Compensation Commission, if the insurance company denies your benefits claim.
Can I Get Workers’ Compensation Benefits If I Am Still at Work?
If you have been released by a doctor to full duty or are able to do your pre-injury job, you are no longer entitled to receive workers’ compensation wage loss benefits. However, if you are still healing and you are capable of performing only limited tasks, your doctor may approve you to return for light-duty work.
If your employer has a less strenuous job available at a lower wage, you may return to work and still receive partial disability benefits. However, temporary partial disability (TPD) benefits would be limited to two-thirds of the difference between your average pre-injury and post-injury weekly wages.
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How Long Do I Have to File a Claim for Workers’ Compensation Benefits?
Under Virginia law, you are required to report your work-related injury or illness to your employer within 30 days from the date of injury or communication of illness. Ideally, you should do so as soon as possible after the accident. You must also file your claim with the VWCC within two years of the incident.
The timing of your workers’ compensation claim is critical. The longer you wait to report a workplace injury, the more likely it is for an insurance administrator to dispute it. If you fail to follow Virginia’s reporting and filing requirements, your claim could be denied. You would lose your right to demand compensation for your work-related injuries. A workers’ compensation attorney can help you manage important deadlines and keep your claim on track.
Contact a Workers’ Compensation Lawyer in Hopewell, VA Today
