Workers’ Compensation Attorney in Chesterfield

Did you get injured or suffer a workplace illness on the job in Chesterfield, VA? If so, you might be entitled to workers’ compensation benefits that could cover your treatment and provide a portion of lost wages as you work to get back on your feet.

At Marks & Harrison, our Chesterfield workers’ compensation attorneys have been standing up for Virginia workers’ rights since 1911. During that time, we have earned a local reputation for compassionate and effective representation. Contact us today for a free initial case review to find out why.

What Is Workers’ Compensation?

Workers’ compensation is an employment-based insurance system that provides monetary benefits to workers who sustain occupational injuries or illnesses. This system ensures workers receive prompt assistance and allows everyone involved to avoid the cost and hassle of going to court.

How Is Workers’ Compensation Supposed to Work?

Most Virginia employers are required by law to carry workers’ comp insurance on behalf of their employees. When the system works like it’s supposed to, an employee who gets injured or sick at work relies on workers’ comp benefits to pay directly for medical care and cover a portion of lost wages while they recover.

Workers’ comp benefits are meant to be an “exclusive remedy” for occupational injuries and illnesses. This arrangement means you are typically prohibited from suing your employer for work-related conditions if you are covered by their workers’ comp policy, even if the employer is at fault. The only exceptions that may apply include occupational injuries or illnesses that are a direct result of the employer’s intentional malice or extreme recklessness. However, you always retain the right to sue third parties, such as negligent drivers, non-employee workers, or property owners.

You are not required to prove anyone else was at fault to claim benefits after a work injury. You’re also still entitled to benefits even if you were partially at fault for your own condition. The only exception here would apply if you were injured due to your own intoxication, horseplay, or other misconduct at work.

Keep in mind that employers and insurance companies sometimes prioritize their bottom lines over workers’ well-being by minimizing or outright denying injury claims. If this happens to you, aggressive action may be necessary to protect your rights and recover the benefits you are owed. An experienced Chesterfield workers’ comp lawyer can guide you every step of the way.

Can I Receive Workers’ Compensation Benefits if I Am Still Working?

In certain cases, you can still receive workers’ compensation benefits even after you are cleared to return to work. For instance, you may suffer a long-term or permanent impairment but can still perform light-duty work. If your employer can accommodate your restrictions and you are cleared to return, your benefits would continue to cover your medical expenses and possibly a portion of your lost wages.

If you earn less doing part-time or light-duty work than the average wages you earned before the injury, you may be entitled to benefits that cover a portion of the difference between your past and present wages. If your employer cannot accommodate your restrictions or a trial return to work is unsuccessful, you may be able to continue claiming full wage loss benefits. A Chesterfield workers compensation lawyer can help.

Can My Workers’ Compensation Claim Be Denied?

Chesterfield workers’ compensation claims are denied every day for various reasons. Here are some common factors that may result in claim denials:

• You didn’t notify your employer within 30 days of the incident or diagnosis.
• You didn’t inform your employer in writing, so there’s no proof you reported your injury.
• You didn’t file a claim for benefits within two years of the incident or diagnosis.
• You didn’t visit the doctor to obtain a formal medical diagnosis for your condition.
• There were no witnesses present when you sustained the injury or illness.
• Your employer or their insurer argues your condition is not work-related.
• You have a pre-existing condition or a history of similar workers’ comp claims.

 Can a Denied Workers’ Comp Claim Be Appealed?

You can appeal the denial of a workers’ compensation claim. In fact, you can file an appeal if you disagree with any aspect of your claim determination. The broad outline of the workers’ comp appeals process is as follows:

• Requesting a hearing with a Deputy Commissioner – If you are unsatisfied with the Workers’ Compensation Commission’s (WCC’s) determination, you can request an evidentiary or on-the-record hearing before a deputy commissioner.

• Requesting a review by the Full Commission – After the deputy commissioner’s decision, you can request further review by the full WCC.

• Going to the Virginia Court of Appeals – If you disagree with the result of the full WCC review, you can file a written Notice of Appeal with the clerk at the Court of Appeals. You must do so within 30 days of the WCC’s determination.

• Going to the Supreme Court of Virginia – You can take your case to the Supreme Court of Virginia if you are still unsatisfied. But keep in mind that the Supreme Court has the authority to refuse to hear your case.

If My Loved One Died from an Injury at Work, Can I Receive Their Workers’ Comp Benefits?

In some cases, you can claim workers’ comp benefits if your loved one sustains a fatal injury or illness at work. Workers’ comp death benefits are available to surviving spouses, dependent children under the age of 18, and dependent children under the age of 23 enrolled in accredited schools. These death benefits can cover reasonable funeral and transportation expenses and a portion of the deceased worker’s regular wages.

Contact a Chesterfield Workers’ Compensation Lawyer Today

The Chesterfield workers’ compensation lawyers of Marks & Harrison are prepared to help you pursue the benefits you are owed. We have substantial experience helping hardworking people like you following an unexpected on-the-job injury. Contact our firm today to learn more about your rights in a free initial consultation.