When you’ve sustained a work-related injury in Virginia, you may have the right to pursue benefits from Virginia’s workers’ compensation system. However, the process of filing a claim for benefits may seem daunting. This step-by-step guide should help you understand what to expect in the workers’ compensation process.
Seek Medical Attention for Your Injury
First, you should seek immediate medical attention after suffering an injury at work. If you need emergency care, go to the nearest hospital or urgent care facility. Otherwise, ask your employer for a list of physicians they have approved to provide workers’ compensation treatment (Virginia Code § 65.2-603). You can see any healthcare provider if your employer does not provide a list of approved physicians. When you see a doctor, tell them you’ve sustained a work-related injury.
Notify Your Employer
Submit written notice of your work injury to your employer as soon as possible after the workplace accident but no later than 30 days after the accident (Virginia Code § 65.2-600). Note the date and time you submitted your notice and who accepted the notice on behalf of your employer (e.g., your supervisor or a human resources officer).
Don’t wait until after this deadline to notify your employer about a work accident. Although a work injury may initially seem minor, it may later develop debilitating symptoms that require you to seek medical treatment. Promptly notifying your employer about a work accident and injury can protect your legal rights even if you don’t initially need ongoing treatment.
File Your Claim for Benefits
Remember to file a formal claim petition with the Virginia Workers’ Compensation Commission within two years of a work injury or the onset of symptoms of an occupational illness (Virginia Code § 65.2-601). Filing your claim on time will protect your right to pursue a formal hearing with the commission if your employer denies or tries to terminate your workers’ compensation benefits.
Your Employer Reports Your Injury
Once you’ve notified your employer of your work injury, they must file a First Report of Injury with the Workers’ Compensation Commission within 10 days of a work-related death or severe injury or 30 days of a minor injury (Virginia Code § 65.2-900). Your employer should notify its workers’ compensation insurance provider. After the Workers’ Compensation Commission receives your employer’s First Report of Injury, it will send you an information packet about your rights and obligations.
Contact from the Insurance Adjuster
An insurance adjuster may contact you after your employer reports your injury to its insurer. Although the adjuster may seem like they want to help you get the benefits you need, they may look for any reason to deny your claim or minimize your benefits instead. Although you must cooperate with the insurer’s investigation of your claim, you should hire a skilled workers’ compensation attorney to communicate with the adjusters and protect your rights and interests.
Workers’ Compensation Commission Issues a 30-Day Order
Following the First Report of Injury, the Virginia Workers’ Compensation Commission will issue a “30-Day Order” to you, your employer, and your employer’s insurer. This document advises the insurer that it has 30 days to respond to your claim.
The Insurance Company Either Accepts or Denies Your Claim
If your employer’s insurer accepts your workers’ compensation claim, it will send you forms to sign. The Workers’ Compensation Commission will issue an award agreement to document the acceptance of your claim. However, you should have your workers’ compensation attorney review all paperwork to protect your rights and options.
If the insurer denies your claim, you can appeal at a hearing before the Workers’ Compensation Commission (Virginia Code § 65.2-702). Before the hearing, you or your employer may request mediation to pursue a settlement of your claim. If the commission also denies your claim, you may further pursue benefits by filing an appeal with the Virginia Court of Appeals (Virginia Code § 65.2-706).
Frequently Asked Questions
Common questions we get from injured workers in Virginia include:
How Soon Should I File My Workers’ Compensation Claim?
Under Virginia Code § 65.2-600, you should give your employer written notice of your injuries within 30 days of a workplace accident. Otherwise, you might lose your right to workers’ compensation benefits. The statute of limitations also requires you to file a formal claim with the Virginia Workers’ Compensation Commission within two years of a work accident (Virginia Code § 65.2-601).
Can I File a Claim If I Was Not Injured But Became Ill Because of My Job?
In Virginia, the workers’ compensation system covers work-related injuries and illnesses. You may have the right to recover workers’ compensation benefits if you suffer a viral or bacterial infection at work, such as catching a respiratory infection from a co-worker or customer. You may also have a claim if you develop a disease or chronic health condition, such as asbestosis or cancer, due to exposure to hazardous substances at work.
What Benefits Will Workers’ Compensation Pay?
Virginia’s workers’ compensation system provides injured or ill workers with defined financial benefits, including:
- Medical benefits – Workers’ compensation pays for all medically reasonable and necessary treatment for work-related injuries or illnesses. It also provides mileage reimbursement for travel to and from medical appointments (Virginia Code § 65.2-603).
- Temporary total disability benefits – Disability benefits reimburse you for two-thirds of your average weekly wage if your doctor says you cannot work. The amount is calculated from your income from the 52 weeks before your injury or illness (Virginia Code § 65.2-500).
- Temporary partial disability benefits – Workers’ compensation also provides partial reimbursement of the difference between your pre-injury average weekly wage and your current lower wage while on restricted work status (Virginia Code § 65.2-502).
- Permanent partial disability benefits – If your disability doesn’t prevent you from returning to the workforce, disability benefits provide temporary financial payments based on the type and severity of disability you’ve suffered (Virginia Code §65.2-503).
- Permanent total disability benefits – If you become permanently disabled from returning to work in any capacity, you can continue to get wage reimbursement (Virginia Code §65.2-503).
- Death benefits – Workers’ compensation provides death benefits for a surviving spouse and dependent children of a worker who dies from a work-related injury or illness. These benefits may cover up to $1,000 for reasonable transportation expenses, $10,000 for funeral and burial expenses, and financial payments based on the worker’s average wages (Virginia Code § 65.2-512).
How Long May I Remain on Workers’ Compensation?
Under Virginia Code § 65.2-518, you can receive up to 500 weeks of financial compensation payments from the workers’ compensation system. However, you may continue to receive benefits if you’ve suffered permanent and total disability or incapacity.
Contact a Virginia Workers’ Compensation Lawyer
After getting hurt at work, turn to a Virginia workers’ compensation lawyer from Marks & Harrison to help you demand the benefits owed to you by law. Contact our firm today for a free, no-obligation consultation to discuss your rights to receive financial benefits and support for your work injury.
