Working in a factory or industrial facility can be dangerous. If you suffered an on-the-job injury, you might worry about how you will pay for your medical expenses and living costs while you heal. Fortunately, Virginia’s workers’ compensation laws allow eligible employees to receive medical and wage loss benefits for work-related injuries or illnesses. Understanding the workers’ compensation options available in Virginia can help you know what benefits you deserve after a factory or industrial job accident.
What is Workers’ Compensation?
Workers’ compensation is a form of insurance paid by employers to provide medical care, partial wage replacement, and other benefits to employees who suffer injuries on the job or develop occupational diseases. It is a no-fault system, meaning employees don’t need to prove that the employer was negligent and can receive benefits regardless of who caused the injury.
Do All Employers Have to Carry Workers’ Comp in Virginia?
Nearly all employers in Virginia are required to purchase workers’ compensation insurance. Virginia law requires all companies within the Commonwealth to carry workers’ compensation coverage if they have more than two employees. Employees who aren’t covered include railroad employees, some farm employees, and federal employees who have coverage under different systems.
If you suffer an injury on the job, you should receive a Workers’ Compensation Notice of Accident form from your employer.
What are Some Common Accidents in Factories and Industry?
Working in industrial facilities and factories can present many occupational hazards that frequently lead to injuries. Common accidents include:
- Falls – Slips, trips, and falls from ladders, scaffolds, elevated platforms, and roofs often cause severe injuries or even death. Floors that are slick with grease or cluttered with debris can increase fall risks.
- Struck by objects – Workers can be hit by falling objects, swinging loads, flying debris from machinery or explosions, and vehicles moving around a facility.
- Caught in equipment – Body parts can become caught in assembly line machinery, conveyor belts, rollers, rotating parts, presses, and other dangerous equipment. Loose clothing and long hair also increase entanglement hazards around moving parts.
- Toxic exposure – Toxic fumes, asbestos fibers, and dangerous chemicals cause dangerous health conditions over time.
- Repetitive motion – Performing the same activities on an assembly line often leads to musculoskeletal injuries involving the wrists, hands, arms, and back.
- Burns – Exposure to open flames, hot equipment and substances, sparks, chemicals, friction, and live wires or electricity can cause severe burn injuries.
- Electrocution – Faulty wiring and contact with live electrical parts and components can result in electrocution injuries or death in industrial facilities.
Regardless of the specific nature of the accident, a seasoned Virginia workers’ compensation attorney can help you secure the benefits you deserve if you have suffered an injury at work.
What Types of Injuries are Covered by Workers’ Compensation?
The most common types of covered work injuries include:
- Traumatic injuries such as fractures, dislocations, lacerations
- Sprains, strains, and musculoskeletal injuries
- Amputation
- Traumatic brain injury (TBI) and concussion
- Spinal cord injury
- Burns
- Loss of eyesight or hearing
- Respiratory problems from chemical exposure
- Cancer or diseases caused by workplace toxins
In some cases, workers’ compensation insurance may cover a heart attack, stroke, or mental illness if the conditions arise from work stress. An attorney with a thorough understanding of Virginia workers’ compensation law can help determine whether you might have a valid claim.
How Soon Do I Need to Report My Injury to My Employer?
Report your injury to your supervisor or employer’s Human Resources department as soon as possible. In Virginia, you must provide written notice of your claim within 30 days of the accident or within 30 days of the date your doctor determines that you are suffering a work-related injury or illness. Failure to report the injury within this timeframe may result in a delay or denial of your benefits.
Is There a Deadline for Filing for Worker’s Compensation Benefits in Virginia?
Yes. You must file a claim with the Virginia Workers’ Compensation Commission within two years of the date of your injury. It is essential to meet this deadline to ensure you qualify for your benefits.
How Long Does a Workers’ Comp Settlement Take in Virginia?
The timeline of a workers’ compensation settlement depends on the complexity of your case. Straightforward claims with no disputes and minor injuries may resolve in a few months, while contested cases can take over a year. Your case can’t be settled until you’ve reached maximum medical improvement (MMI), or the point at which additional medical treatment would not improve your condition. You should still receive medical benefits and, if required, wage replacement benefits during your treatment.
What Should I Do if My Workers’ Comp Claim is Denied?
Do not give up if your employer or insurance carrier denies your claim. Many employees who file workers’ comp claims receive an initial denial. But with a knowledgeable attorney’s help, your denial could be overturned. Your lawyer can:
- Gather medical evidence to demonstrate your disability
- Show that you received your injury at work
- Represent you in appeals before the Virginia Workers’ Compensation Commission
Contact a Virginia Workers’ Compensation Lawyer
Need details on workers’ comp for factory and industrial workers in Virginia? The workers’ compensation lawyers at Marks & Harrison have over 100 years of experience helping injured Virginians fight for maximum benefits. Our knowledgeable attorneys have a proven track record of success in these cases. We know how to investigate accidents thoroughly, demonstrate the full impact of injuries on a factory worker’s life, and negotiate the highest possible settlement.
At Marks & Harrison, we treat every client like family. You can trust us to handle your case with compassion while aggressively pursuing justice on your behalf. We have the resources and dedication to stand up to large insurance carriers and employers. Let us handle the insurance paperwork and the heavy lifting so you can focus on getting better. Contact us today for a free consultation.
