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Have you suffered a work-related injury or illness in Alexandria, VA? Injured workers in Virginia have the right to request workers’ compensation benefits from their employers. However, employers and insurers can make recovering these benefits challenging. An Alexandria workers’ compensation lawyer from Marks & Harrison can advocate for your rights and interests after you experience a work injury or occupational disease.
After getting injured on the job, you deserve to seek workers’ compensation benefits that can help you get medical care and make up for lost wages if you cannot work. Contact Marks & Harrison today for a free initial case review. You can discuss your legal options with a knowledgeable Alexandria workers’ compensation attorney.
What Is Workers’ Compensation?
State law established the workers’ compensation system to give employees who suffer a work injury or occupational disease-specific financial benefits. As a no-fault system, workers’ comp does not require an injured or ill employee to prove that their employer bears any fault for their injury. A worker gains the right to benefits when their injury occurs in the course and scope of their employment.
However, in exchange for these guaranteed benefits, workers typically cannot file personal injury claims against their employers. A workers’ compensation claim serves as the employee’s sole legal recourse against their employer in most cases. Our Alexandria workers’ compensation lawyer can help.
Are All Alexandria Employers Required to Have Workers’ Compensation Insurance?
In Virginia, employers with two or more employees typically must carry workers’ compensation insurance or self-insure. Employees include part-time, seasonal, or temporary employees, as well as trainees, minors, immigrants, and family members. Contact our Alexandria personal injury lawyer today.
What Types of Injuries Are Covered by Workers’ Compensation?
Workers’ compensation covers a broad range of work-related injuries and illnesses, including:
- Severe lacerations
- Burns
- Electrocution injuries
- Soft tissue injuries
- Broken bones
- Repetitive stress injuries
- Herniated spinal disc injuries
- Spinal cord injuries
- Vision and hearing loss
- Dental injuries
- Head injuries, such as traumatic brain injuries (TBIs)
- Lung damage and respiratory diseases
- Nerve damage
- Viral or bacterial infections
- Cancer
- Psychological injuries like PTSD
- Some mental health issues
What Benefits Will Workers’ Compensation Pay?
Virginia’s workers’ compensation system provides specific financial benefits to employees who suffer occupational injuries or illnesses. Those benefits include:
- Medical benefits – Workers’ comp covers the cost of reasonable and necessary medical treatment for a work injury or disease, including doctor’s visits, hospitalization, physical therapy, prescription drugs, and prostheses. It also provides mileage reimbursement for travel to and from medical appointments and procedures.
- Temporary disability benefits – These benefits reimburse up to two-thirds of your pre-injury average weekly wage if you cannot work due to a work-related injury or illness. If you can only return to work in a modified duty role due to medical restrictions, you can receive two-thirds of the difference between your pre-injury average weekly wage and your current lower wage.
- Permanent partial disability (PPD) benefits – PPD benefits provide financial payments to workers who suffer permanent impairments after reaching maximum medical improvement but can still work.
- Permanent total disability (PTD) benefits – PTD benefits continue wage replacement for severe injuries and disabilities that permanently prevent an employee from returning to the workforce.
- Death benefits – If an employee dies from an injury or illness sustained on the job, their dependents can receive up to $10,000 in burial expenses, up to $1,000 in transportation expenses, and weekly benefits for a specific period.
What Should I Do If I Am Hurt On the Job?
Steps you should take after getting hurt at work include:
- Report your injury or occupational disease to your employer as soon as possible after a workplace accident or receiving a diagnosis from your doctor.
- Ask your employer for a list of approved physicians with whom you can seek treatment.
- Follow your authorized treating physician’s treatment plan and medical restrictions.
- Keep copies of any bills, invoices, or receipts for your out-of-pocket medical expenses.
- Gather copies of your pre-injury pay stubs or income statements to calculate your average weekly wage if you miss time from work or suffer a reduction in your earnings.
- File a claim with the state Workers’ Compensation Commission as soon as possible.
- Contact an Alexandria workers’ compensation lawyer from Marks & Harrison to help pursue the benefits you deserve under state law.
How Soon Do I Need to Report My Work Injury or Illness to My Employer?
Virginia’s workers’ comp system recommends you report a work injury or occupational illness to your employer immediately following your injury or after receiving the diagnosis. However, you must report it within 30 days. Otherwise, you risk having your workers’ comp claim denied.
How Do I File a Workers’ Comp Claim in Virginia?
In Virginia, you should file a Claim Form with the Virginia Workers’ Compensation Commission to notify the state about your work-related injury or illness and preserve your rights to workers’ comp benefits. You can file your Claim Form in person at any Commission office, mail or fax it, or file it online through the Commission’s online portal. You must file your form within two years of the date of a workplace accident or diagnosis of an occupational disease.
What Type of Documentation Will I Need to File a Claim?
You may need various types of documentation to support your workers’ compensation claim, such as:
- Accident reports drafted by your supervisor, manager, or other officials at your work
- Statements from co-workers who witnessed the workplace accident
- Police accident reports for work-related motor vehicle accidents
- Medical records of any treatment you sought for your work injury or occupational disease
What If My Claim Is Denied?
If your employer denies your workers’ comp claim, you can request a formal hearing before the Virginia Workers’ Compensation Commission. The Commission will decide whether your employer must pay you benefits for your work injury or occupational disease. At the hearing, you and your lawyer can present documents, medical reports, and witness testimony to prove the work-related nature of your injury and your need for benefits.
If you disagree with the Commissioner’s ruling following the hearing, you can request a review of the decision from the entire Commission. When the Commission rules against you, you may seek further relief in the Virginia state courts.
Contact an Alexandria Workers’ Compensation Lawyer
When you’ve suffered a work injury or occupational illness, a workers’ compensation claim can get you the financial benefits you need for your recovery. Contact Marks & Harrison today for a free, no-obligation consultation. Learn how our Alexandria workers’ compensation lawyers can guide you through the claims process and advocate for your right to the benefits you deserve under the law.
