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If you have been injured in a workplace accident or diagnosed with a work-related illness, the Virginia Workers’ Compensation Commission can provide you with benefits to help you during your recovery. While receiving workers’ compensation is meant to be a clear process, employers or workers’ compensation insurers will often deny workers’ comp claims or requested benefits.
If you have been hurt at work in Petersburg, Marks & Harrison can help you with your workers’ compensation claim. Since 1911, our firm has worked tirelessly to represent hard-working Virginians like you. Our award-winning attorneys will fight tirelessly for the best possible outcome in your workers’ compensation claim. Reach out to a Petersburg workers’ comp lawyer from our firm today for a free initial case review to discuss your legal options.
What Does Workers’ Comp Cover?
In Petersburg, VA, the state workers’ compensation system can provide certain benefits when you suffer an injury, illness, or medical condition while on the job. Benefits available from Virginia workers’ comp include the following:
- Medical benefits — Your workers’ comp benefits pay directly for all medical treatments and rehabilitation needed for a work injury or occupational illness. Medical benefits can also reimburse you for qualifying travel costs to and from medical appointments or procedures.
- Temporary total disability benefits — You may qualify for reimbursement of up to two-thirds of your pre-injury average weekly wage while you recover from a complete but temporary disability. These benefits are subject to a statewide maximum cap.
- Temporary partial disability benefits — These benefits can supplement your income when you have a lower income because of work restrictions while you recover from a work-related injury or illness.
- Permanent partial disability benefits — You may be entitled to permanent partial disability benefits if you cannot work to the same ability you did previously. These benefits are calculated according to the type and severity of permanent impairment you have suffered.
- Permanent total disability benefits — You can receive permanent total disability benefits if your injury is severe enough that you remain unable to return to the workforce.
- Death benefits — In the tragic event a worker loses their life in a work-related accident, their dependents can receive compensation for burial expenses, transportation costs, and applicable wage replacement benefits.
How Do I File for Workers’ Comp in Petersburg?
To file for workers’ compensation in Petersburg, you should start by notifying your employer that you have been involved in a workplace accident or diagnosed with an occupational illness. You should also seek medical attention as soon as possible. Tell any healthcare provider you see that you are seeking treatment for a work-related injury or illness.
After you’ve notified your employer of your work injury, they should file a report of accident or disease with the Virginia Workers’ Compensation Commission within ten days. However, you should also file your own claim for benefits form with the Commission to protect your rights. A claim for benefits form may be filed in person at any Commission office, by mail or fax, or online at the Commission website.
Is There a Time Limit on Filing for Workers’ Compensation in Petersburg?
Under Virginia’s workers’ compensation system, you must report your work injury or occupational disease to your employer within 30 days of the date your injury occurred or you were diagnosed. However, you have two years to file a claim for benefits form with the Virginia Workers’ Compensation Commission. Failing to timely notify your employer or file a claim form with the Commission can lead to the denial of your workers’ compensation claim.
How Do I Prove My Injury Occurred at Work?
If your work injury claim is being questioned or denied by your employer, you may need to gather evidence to prove your injury occurred on the job. Potentially useful evidence includes the following:
- Accident scene photos and video
- Surveillance camera footage
- Accident reports
- Maintenance reports
- Co-worker or eyewitness testimony
- Medical records and provider notes from the treatment of your work injury
- Expert witness testimony
What Steps Should I Take If My Workers’ Comp Claim Is Denied?
If your employer has refused your worker’s compensation claim, you have options to continue to pursue the benefits you need. Make sure you have filed your claim for benefits form with the Virginia Workers’ Compensation Commission on time. When you file a claim form, you can request a formal hearing with a deputy commissioner to rule on your claim for benefits.
If the deputy commissioner denies your claim, you have 30 days to request reconsideration by filing an appeal to the full Workers’ Compensation Commission. A skilled workers’ compensation attorney can help you file an appeal and prepare your case to demand the benefits you deserve.
How Can a Workers Comp Lawyer Help Me with My Workers’ Compensation Claim?
If you have been diagnosed with a work injury or occupational illness, obtaining benefits can be tedious and sometimes frustrating. A lawyer from Marks & Harrison can assist you with your claim by:
- Investigating the facts and circumstances of your work-related injury or illness
- Securing evidence that can help prove your injury or illness occurred because of your job
- Collecting your medical records and working with your health care providers to understand your medical condition and prognosis
- Ensuring that your claims are timely filed
- Representing you in formal hearings before the Virginia Workers’ Compensation Commission
- Pursuing all your legal options, including taking your case to court if needed to get the workers’ comp benefits you deserve
Talk to a Petersburg Workers’ Compensation Lawyer Now
Don’t wait to initiate a workers’ compensation claim to seek the benefits you deserve if you have been injured in a work environment. As a hardworking employee, you have rights. Our workers compensation lawyers are here to protect them.
Contact Marks & Harrison today for a free consultation to learn more about how a Petersburg workers’ compensation lawyer can help you pursue your work injury or occupational illness claim. Talk with our Petersburg personal injury lawyer today.
