Workers’ Compensation in Virginia

Injuries frequently occur in the workplace. Serious injuries can cause life changing effects that will directly influence your ability to live comfortably or work. They can be frightening and put financial strain on you and your family. Personal injuries that hinder your ability to work consistently make it difficult to pay necessary expenses or medical bills. If you have been injured at work, you may be eligible to receive workers compensation. You may also have an independent claim against a third party for your injuries. Workers compensation can be a necessity to those who are injured at work.

The compensation may be able to cover the following expenses:

Lost wages
Medical bills
Permanent disability
Death benefits
The stress personal injuries places on individuals and families can be alleviated with a proper workers’ compensation claim. Our law firm was established in 1923 and we understand what you are going through. The years of experience we have, over 120 years combined, provides us with knowledgeable insight into the Virginia legal system. We have won our clients millions of dollars throughout our years in practice, and we can help you too.

If you have been injured while on the job, the first thing you should do is to report the incident to your employer immediately. After the incident has been reported, you should file a claim with the Virginia Workers’ Compensation Commission. You only have two years in which to file this claim following the accident or discovery of the occupational disease, so it is vastly important that you move quickly. The statute of limitations also states that workers only have five years from their last work-related exposure to file a claim regarding an occupational disease. According to the Commission, employees who have sustained an injury by accident or have suffered from an occupational disease are covered by workers’ comp.

To qualify, the accident must meet three separate elements:

Accident occurred at work or during a work-related function;
Accident was caused by a work-related activity; and
Accident happened suddenly at a specific time (not gradually)
On the other hand, occupational diseases must only meet two elements:

Disease was caused by work; and
Disease does not affect back, neck or spine
If the above elements are satisfied, the employee can file a claim for the benefits owed under the Virginia Workers’ Compensation Act. These benefits include wage replacement, lifetime medical benefits, permanent partial impairment, permanent and total disability, death benefits, cost of living increase and vocational rehabilitation. If the initial claim is denied by the employer, it does not mean that you are out of luck. Instead, it simply means that it will not be voluntarily paid. In these circumstances, you will be able to submit a written request for a hearing to the Commission; at this hearing, you will be able to provide testimony, evidence and reports to prove that you have an injury or illness which qualifies under the Act.

Filing for workers compensation can be intimidating. The large amounts of paperwork along with proper procedure can be time consuming and confusing. Our goal is to pursue the workers’ compensation benefits you are due, and make this process as easy as possible. The statutes concerning workers’ compensation can be difficult to comprehend, but we are here to help. Our firm, Howard, Morrison, Ross and Whelan is committed to providing with experienced legal counsel that is committed to the highest quality legal support for those injured on the job, either in filing the initial claim, or in an appeal when you have not received adequate compensation or have been denied. Call our firm today to learn more about how we can help.a

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