(757) 552-6055When you go to your job each day, you don’t expect to get hurt. Unfortunately, work-related injuries and illnesses are all too common. According to the Occupational Safety and Health Administration (OSHA), more than 2.8 million Americans were hurt at work in 2022 alone.
If you were hurt at work, you should notify your employer and then file a workers’ compensation claim. Through workers’ comp, you may be entitled to medical expenses, lost wages, and disability benefits. An experienced Virginia workers’ compensation lawyer can help you navigate the system and get maximum compensation for your work-related injury or illness.
At Poole, Brooke, Plumlee, we advocate for injured workers in the greater Virginia Beach area who have been hurt on the job or developed occupational illnesses. We work hard to help our clients get the workers’ compensation benefits that they need to move forward with their lives after an accident. To learn more or to talk to a member of our legal team, reach out to our law firm today.
What Should I Do If I Get Hurt at Work in Virginia?
Workers’ compensation insurance companies often look for ways to minimize the amount that they have to pay on claims. By taking these steps, you can protect your rights – and help to ensure that you get the money that you deserve.
First, you must report the injury to your employer. Under Virginia law, you must report a work-related injury or occupational disease to your employer promptly. Injuries must be reported within 30 days of the date of the accident, and illnesses must be reported within 60 days of diagnosis.
Many companies have a form that employees can use to report a workplace injury. If your company doesn’t have a form, you should write up a report yourself. Make sure to either email the report or make a copy for your own records. The report should include your name, details of the accident, information about your injury, and your contact information. Once your employer has a report, they are required to submit a First Report of Injury to the Virginia Workers’ Compensation Commission.
Second, you should seek medical treatment right away. Other than in an emergency, you will need to see a doctor that is approved by your employer’s workers’ compensation insurance. Make sure that you tell the doctor that your injury is work-related.
You should follow the doctor’s treatment plan and make sure to keep all appointments and follow up on referrals. Keep receipts and other documents. You can also take notes about things like the level of pain you’re experiencing and how your recovery is going.
Third, file a workers’ compensation claim form. This form can be submitted online, in person, by mail, or by fax. While you have up to 2 years to file a claim form, it is generally a good idea to submit your claim sooner rather than later. This can prevent the insurance company from arguing that your symptoms aren’t work-related or that the delay caused your injury to worsen.
If the Commission accepts your claim form, then you will receive an awards agreement. This will allow your healthcare provider to submit their bills to the insurance company. You can then also start receiving weekly wage benefits.
Fourth, consult with a Virginia workers’ compensation lawyer. Having legal representation is not required to file a workers’ comp claim. However, this is a complicated area of law – and the insurer will have their own team of attorneys and experts.
A relatively simple claim for a minor injury may not require the help of an attorney. However, if you have a more complex claim or if the insurance company is disputing some portion of your case, then hiring a workers’ compensation lawyer is a smart move. They can make sure that you get the benefits that you deserve by:
- Meeting all deadlines and complying with all procedural requirements;
- Gathering the appropriate evidence to prove your claim;
- Responding to delays or stalling tactics by the insurance company;
- Negotiating a lump sum settlement when possible;
- Appealing a denied claim; or
- Filing a third-party lawsuit if your injury was caused by someone other than your employer.
While the workers’ compensation system is designed to get injured employees benefits quickly, employers and insurance companies may contest a claim or even claim that certain treatments are unnecessary. A seasoned Virginia Beach workers’ compensation attorney can help you through the process and work hard to help you get the benefits that you are entitled to under the law.
What Is Workers’ Compensation?
Workers’ compensation is a system through which injured workers in Virginia can obtain benefits if they are hurt at work or develop an occupational illness. Employers with three or more part-time or full-time employees in Virginia are required to carry workers’ compensation insurance. Injured employees can then file a claim with this insurance if they are hurt at work.
Workers’ comp is a no-fault system. This means that if you suffer a work-related injury, you don’t have to prove that your employer did something wrong. You can access workers’ compensation benefits without proving fault.
Workers’ compensation is considered an exclusive remedy. Injured workers are typically limited to filing a workers’ comp claim, and – with a few exceptions – cannot sue their employers for a work-related injury. If a third party causes your work injury, however, you may be able to file a personal injury lawsuit against them.
There are two main types of workers’ compensation benefits: medical benefits and lost wages and other monetary compensation. Your entitlement to these benefits will depend on whether your claim is compensable (covered) and the severity of your injury or illness.
If you are hurt at work, your employer is responsible for providing medical treatment for you. This may include seeing an authorized primary care doctor and specialists, mileage reimbursements, and all medically necessary care. Medical benefits may include everything from doctor’s visits to physical therapy to hospitalization to prescription drugs.
Lost wages cover the monetary loss that you may experience because of your work-related injury or illness. You must be out of work for at least 7 days to be entitled to lost wages, including:
- Temporary total disability (TT): if you cannot work because of your injury, then you may get cash benefits equal to 66 ⅔% of your regular wages for the year prior to your injury.
- Temporary partial disability (TP): if you can return to work with restrictions, then you can get disability benefits to supplement any loss of earnings because of these restrictions.
- Permanent partial disability (PPD): once your injury has reached maximum medical improvement and your condition isn’t expected to improve, you may receive an impairment rating. If your rating is greater than 0%, you may be eligible for PPD benefits.
- Permanent total disability (PTD): if you are permanently unable to work due to a work-related disability, then you could receive these benefits.
Finally, surviving family members may receive death benefits if their loved one is killed at work. These death benefits cover burial expenses, transportation expenses, and other compensation to a spouse and/or dependent children.
Workers’ compensation benefits are not automatic. If you have been hurt at work, then you will need to take certain steps to file a claim. A skilled Virginia Beach workers’ compensation attorney can help you with the process.
Hurt at Work? Give Us a Call.
Work-related injuries can set you back both physically and financially. Filing a workers’ compensation claim is the best way to make sure that you get medical treatment and cash benefits for your injury. Our law offices will work with you to help you get the best possible outcome for your workers’ comp claim.
Based in Virginia Beach, the law firm of Poole, Brooke, Plumlee works with individuals who have suffered on-the-job injuries or who have been diagnosed with occupational illnesses. We are experienced in all phases of workers’ comp claims, from filing initial claims to negotiating settlements to appealing claim denials. To learn more or to schedule a consultation with a Virginia workers’ comp attorney, give us a call at 757-499-1841 or fill out our online contact form.
Related: Amazon Workers Compensation: Claims, Settlements, and FAQs
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