Have you suffered a work-related injury or illness in Arlington? Virginia’s workers’ compensation laws may entitle you to financial benefits that can help you with your recovery. However, your employer or the insurance company may make recovering workers’ comp benefits challenging.
An Arlington workers’ compensation lawyer from Marks & Harrison can advocate for the financial recovery you need and deserve. Our firm has helped injured people obtain the compensation they need for more than a century. Over the years, we’ve grown into one of Virginia’s largest law firms, with many of our attorneys earning recognition from publications such as Best Lawyers in America, Super Lawyers, and Virginia Lawyers Weekly.
When you’ve been injured at work, you may have the right to recover workers’ compensation benefits to help pay for your medical expenses and compensate for lost wages. Contact Marks & Harrison today for a free initial claim evaluation to discuss your eligibility for benefits with a knowledgeable Arlington workers’ compensation attorney.
Is My Employer Required to Carry Workers’ Compensation Insurance?
Under Virginia’s workers’ compensation system, most employers with more than two employees must carry insurance. Qualifying employees include trainees, minors, immigrants, working family members, and part-time, seasonal, or temporary workers.
Can My Employer Fire Me While I Am on Workers’ Compensation?
Employees must continue to follow their employer’s policies while on workers’ compensation benefits. An employer has the right to terminate an employee for disciplinary reasons or poor performance unconnected to their injury.
However, employers may not fire an employee for a disabling injury or illness when the employee can perform the essential functions of their job with reasonable accommodations. Employers also cannot terminate employees in retaliation for filing workers’ compensation claims.
If your employer has fired you while you’re on workers’ comp, you should talk to a workers’ comp lawyer from Marks & Harrison as soon as possible. Our firm can investigate the circumstances behind your termination to determine whether your employer may have violated your rights under Virginia workers’ compensation or labor laws.
Will I Need Documentation for My Workers’ Comp Claim?
When you notify your employer about a work injury or occupational disease, they may request documentation establishing its existence and its work-related nature. You will likely need documentation if you pursue a hearing with the Workers’ Compensation Commission after your employer denies your workers’ comp claim or terminates your benefits.
What Is the Process for Applying for Workers’ Compensation Benefits in Arlington, VA?
Applying for workers’ compensation benefits in Arlington begins with giving your employer written notice of your work injury or occupational illness. The workers’ comp system requires you to notify your employer promptly after you suffer an injury at work or receive a work-related diagnosis. However, you must report it no later than 30 days after the injury or diagnosis. Providing late notice to your employer may jeopardize your benefits eligibility.
You should also file a claim directly with the Virginia Workers’ Compensation Commission to alert the Commission to your injury and preserve your right to seek benefits. You must file a Claim Form with the Commission within two years of a work injury or diagnosis of an occupational disease. You may file the claim form at any Commission office, by mail or fax, or online via the Commission’s WebFile portal.
How Much Could I Receive from Workers’ Comp Benefits?
Benefits available under the Virginia workers’ compensation system include:
- Medical benefits covering the cost of all reasonable and necessary medical treatment
- Mileage reimbursement for travel to and from medical appointments and procedures
- Temporary total disability benefits equal to two-thirds of the worker’s average weekly wage if they cannot work
- Temporary partial disability benefits equal to two-thirds of the difference between the worker’s pre-injury average weekly wage and current earnings in a modified duty position
- Permanent partial disability benefits based on the type and severity of a permanent impairment that doesn’t prevent an employee from returning to the workforce
- Permanent total disability benefits for catastrophic injuries that leave an employee permanently unable to work
How Long Can I Remain on Workers’ Compensation in Arlington?
In most cases, an employee can receive up to 500 weeks of workers’ compensation benefits in Virginia. However, specific catastrophic injuries may entitle you to an extended period of benefits or lifetime benefits. Injuries such as spinal cord damage or paralysis, severe brain damage, amputation of multiple limbs, or blindness that make a worker permanently disabled from returning to the workforce may entitle them to benefits for the rest of their life or until they reach Social Security retirement age.
What Are Some Reasons My Claim Might Be Denied?
Although the workers’ compensation system entitles employees to benefits for a work-related injury or illness, an employer or their insurer might deny a claim for various reasons, such as:
- There is a lack of medical evidence proving the existence of an injury or illness.
- There is a lack of evidence proving the injury or illness is work-related.
- The injury or illness occurred outside the scope of the worker’s employment or resulted from intoxication or horseplay on the job.
- The claim lacks critical information or has discrepancies with the official accident report.
- The worker failed to notify their employer promptly.
- The injury or illness resulted from a pre-existing condition.
What Should I Do If My Claim Is Denied?
When your employer denies your workers’ comp claim or terminates your benefits before you fully recover, you can request a formal hearing with the Virginia Workers’ Compensation Commission. At a hearing before a deputy commissioner, you can present medical records, other documentation, and witness testimony supporting your claim. The deputy commissioner will issue a written decision denying or granting your request for benefits.
If you disagree with the deputy commissioner’s decision, you can file an appeal to the full Workers’ Compensation Commission. However, if the full Commission also rules against you, you can file an appeal to the Virginia courts.
Contact an Arlington, VA Workers’ Compensation Lawyer
After suffering a workplace injury or occupational disease, get legal help to demand the benefits you deserve under Virginia’s workers’ compensation system. Contact Marks & Harrison today for a free, no-obligation consultation to learn more about the claims process from an experienced Arlington workers’ compensation lawyer. Contact our Arlington personal injury lawyer today.
