- Get a Free Consultation
If you were injured on the job, you could be eligible for benefits through your employer’s workers’ compensation insurance. These benefits pay for your medical care, offset a large share of your missing wages, and can even compensate you for long-term disability.
The experienced Warrenton workers’ compensation lawyers from Marks & Harrison can help you pursue your claim without the hassle of red tape and unnecessary delays. Get started today with a free initial case consultation.
What Is Workers’ Compensation?
Workers’ compensation provides benefits for employees who suffer workplace injuries or job-related illnesses without having to prove their employer was at fault. Workers’ comp pays for necessary medical expenses and a percentage of the employee’s wages. It will also pay for certain long-term disabilities and necessary job retraining, as well as provide death benefits for the families of workers whose injuries or ailments prove fatal.
Are All Businesses in Warrenton Required to Carry Workers’ Compensation Insurance?
Under Virginia law, most employers must carry workers’ compensation insurance if they regularly employ more than two part-time or full-time employees. This means most Warrenton employers are required to buy workers’ comp insurance to pay benefits to employees injured on the job.
What Are Common Causes of Warrenton Workplace Injuries?
Warrenton employees in any field are at risk of suffering an on-the-job injury. However, some jobs result in workers’ comp claims more often than others.
Employees are likely eligible for workers’ compensation benefits if they’ve suffered any of the following frequent causes:
- Workplace accidents – Workers’ comp will likely cover injuries such as broken bones, lacerations, and loss of limbs that occur at work while performing your job duties. Such injuries can arise from falls from heights, slip and fall incidents, or accidents at construction sites or manufacturing plants, to name just a few.
- Repetitive strain – The repetitive movements you perform during work may cause strains or significant pain that results in chronic injuries, making you eligible for workers’ compensation. Office, warehouse, and factory workers are at risk for these types of injuries.
- Occupational diseases – Long-term exposure to harmful chemicals, loud noises, or other occupational hazards may develop into diseases. Although certain illnesses may not be immediately apparent and develop over time, an employee may still claim workers’ comp if they can prove the exposure occurred on the job. These diseases can arise from mining jobs, construction work, and other occupations where exposure to toxic chemicals is common.
What Are the Most Frequently Occurring Work-Related Injuries?
Some common injuries that can result in workers’ compensation claims include:
- Carpal tunnel syndrome
- Back strains due to lifting heavy objects
- Cancer
- Disc herniations caused by lifting and twisting
- Muscle tears
- Tendinitis
- Hearing or vision loss
- Rotator cuff injuries
Remember, this list is not exhaustive. Regardless of the injury or illness, if it resulted from your work, you could be eligible to file a workers’ compensation claim. Contact our Warrenton workers’ compensation attorney today.
What Steps Should I Take If I Have Been Injured On the Job?
You should first seek medical attention if your injury warrants emergency care. Make sure the medical provider knows you were hurt on the job so they can include it in your medical records. Once stable, protect your right to possible workers’ comp benefits by providing written notice of your injury to your supervisor or someone in management. Failure to provide the necessary notice within 30 days may affect your right to pursue benefits, according to Virginia Code § 65.2-600.
Your employer is not obligated to pay for medical expenses or lost income until you give the required notice. Be sure to complete your employer’s accident report and contact a workers’ compensation attorney to help you file your workers’ comp claim.
How Do I Submit a Workers’ Compensation Claim?
You should file a claim with the Virginia Workers’ Compensation Commission (VWC) to alert it of the accident. You can complete a Claim for Benefits Form and deliver it in person, by mail, by fax, or via WebFile. At Marks & Harrison, we can file your workers’ comp claim for you so you can focus on recovering from your injuries.
What Benefits Does Virginia Workers’ Compensation Provide?
Under Virginia workers’ compensation laws, your employer’s insurer should pay for your medical care. They should also pay you two-thirds of your lost wages if you cannot work. If you have to work in a reduced capacity because of your injuries, workers’ comp should cover two-thirds of the difference between your current and pre-injury wages.
The total amount of money you may be eligible to receive depends on several factors, such as:
- The nature and severity of your injury
- Whether you have previously suffered a similar injury
- The amount of lost wages
- The impact of your injury on your future earning capacity
- What disability rating, if any, the doctor assigned you at the end of your treatment
How Long Can I Stay on Workers’ Comp?
Generally, the maximum time you can receive workers’ comp benefits is 500 weeks, according to Virginia Code § 65.2-518. However, there are certain exceptions to this time limit if you suffered a severe injury, such as a traumatic brain injury or spinal cord injury. Permanent partial disability benefits are paid out based on the part of the body affected and the extent of the disability, while permanent total disability benefits can last indefinitely (Virginia Code § 65.2-503).
Because of the complexities in calculating and debating the length and amount of benefits you could receive, it is best to work with a lawyer to pursue your best outcome after a workplace injury.
What If My Claim Is Denied?
If your employer or their insurance provider denies your claim, you should contact an experienced workers’ comp attorney immediately. Your attorney can file a claim and request a hearing before the Workers’ Compensation Commission (Virginia Code § 65.2-702). They will build a strong case based on your medical records and doctor’s expert testimony and present it at a hearing. Should your claim be denied by the VWC, your attorney will advise you of additional options for seeking the workers’ comp benefits you deserve and then pursue them on your behalf.
Is There a Time Limit for Filing a Workers’ Compensation Claim in Warrenton?
To preserve your eligibility for workers’ comp benefits, you must file a claim within two years of suffering your injury (Virginia Code § 65.2-601). For an occupational disease, you must file a claim within two years of the date of your diagnosis or five years from your last known exposure at work, whichever comes first (Virginia Code § 65.2-406). Hiring an attorney to assist with your workers’ comp claim is critical to ensure compliance with these deadlines. Contact our Warrenton personal injury lawyer today.
Contact a Warrenton, VA Workers’ Compensation Lawyer
At Marks & Harrison, we understand the stress you may feel when an on-the-job injury leaves you unable to work. We are prepared to fight hard on your behalf to demand maximum compensation. Talk to a Warrenton workers’ compensation attorney today to learn how we can help you during a free consultation.
