Workers Compensation Attorney in Accomac, Virginia

Do I need a Virginia Workers Compensation Attorney?

I am B. Patrick Agnew Esq., and I have nearly 20 years of experience helping injured workers throughout Virginia, including Accomac, VA. My practice focuses on ensuring that you receive the compensation you deserve. Call me at 434.847.9066 or schedule a free consultation today.

If you're looking for a Virginia Workers Compensation Attorney in  Accomac, Virginia,  Virginia you have come to the right place.  

Under the Virginia Workers’ Compensation Act, if you’ve been hurt on the job, you don’t need to prove that anyone was specifically responsible or that your employer was negligent. This law was created to provide prompt and certain relief for injured workers without the need for court involvement. Unfortunately, it doesn’t always work that way today. Employers and their insurance companies frequently try to delay or deny workers’ compensation claims to safeguard their financial interests. Therefore, if you’ve sustained a job-related injury or illness, it’s crucial to act swiftly and assertively to protect your rights. Consulting with an experienced workers’ compensation attorney is a vital first step.

If you have already decided to contact a Virginia Workers Compensation Attorney, you can call my office at 434-847-9066 or schedule a free consultation here.  Here are some of the services I provide related to representation include: 

• Learning all the facts related to your case including the way the accident happened, medical facts, witness statements and other relevant facts.
• Explaining your legal rights and responsibilities
• Answering your questions regarding workers’ compensation.
• Reviewing your medical records to fully understand your injuries and medical condition.
• Meeting with your physicians and other healthcare providers.
• Seeking a settlement with your employer and its workers’ compensation insurer if your case is appropriate to settle in your best interest.
• Assisting with filing any claims that are necessary with the WCC as your medical treatment continues.
• Pursuing all necessary appeals up to the Full Commission and, in some more rare cases, the Virginia Court of Appeals.
• Keeping you informed about the progress of your case.
• Attending and preparing for Hearings before the Virginia Workers Compensation Commission
• Attending and preparing for Depositions before the Virginia Workers Compensation Commission
• Attending and preparing for Mediations before the Virginia Workers Compensation Commission

If you have not yet decided to contact a Virginia Workers Compensation Attorney, we have set out some basic information about Virginia Workers Compensation cases below that we hope will be helpful to you. 

Understanding Virginia Workers’ Compensation

Workers’ compensation is designed to protect workers and their dependents from the hardships resulting from work-related injuries or deaths. Common workplace injuries include vehicle accidents, lifting injuries, cuts, crushing injuries, and slips and falls. Occupational illnesses often result from long-term exposure or repetitive motion, such as carpal tunnel syndrome, or exposure to toxic materials. It is important to understand that workers compensation is state specific meaning that each state has different laws than other states. In addition, certain types of employers and industries have their own workers compensation laws including Longshoreman and Railroad workers. 

Workers’ compensation laws provide financial and medical benefits to employees who suffer injuries or illnesses as a result of their job. 

Steps to Take if Injured on the Job

1. Seek Medical Attention: Immediately get medical care if it’s an emergency. Even if there is no emergency, if the injury is serious and painful, seek medical attention immediately.
2. Report Your Injury: Inform your supervisor or someone in a supervisory position as soon as possible in writing. Failing to promptly notify your employer may affect your right to benefits. You may want to document the notice you give about the accident in writing.
3. Notify All Relevant Parties: If you work for a subcontractor, notify both your direct employer and the general contractor in writing.
4. Report All Incidents: Even minor injuries should be reported as they can develop into more serious problems.
5. Ask your employer to report the accident to their Workers Compensation Insurance Carrier.
6. Ask your employer for a panel of 3 doctors to choose from to receive medical treatment.

Criteria for Workers’ Compensation Claims

To be covered under the Virginia Workers’ Compensation Act, the injury generally must:

• Occur at work or during a work-related activity.
• Be caused by a specific work activity.
• Happen suddenly at a specific time.

Injuries that occur gradually or from repetitive stress are not typically covered. For instance, a sudden injury from lifting an object is covered, but gradual back pain from repetitive lifting is not. Occupational diseases must be work-related and are not typically covered if they involve the back, neck, or spinal column.

The Virginia Workers Compensation Commission website has some basic, but helpful information to help injured workers. Here is a link to the Virginia Workers Compensation website: https://workcomp.virginia.gov/content/injured-workers

Types of Benefits

Claimants can receive:

• Payment for all necessary medical treatment.
• A portion of weekly wages, based on whether the injury is temporary or permanent.
• Vocational Rehabilitation benefts
• Permanent Total Disability Beenfits
• Permanent Partial Disability Benefits
• Funeral Expenses
• Mileage reimbursement for medical visits

Consulting an Attorney

Employers and insurance companies will have experienced attorneys and adjusters working to minimize your compensation. It’s essential that you consider having  an experienced attorney representing your interests. B. Patrick Agnew Esq. has the experience and knowledge to advocate for your interests. Don't hesitate to contact our office at 434-847-9066 or schedule a free consultation here. 

Common Workers’ Compensation Issues

• Denial of claims by employers.
• Employers stopping benefits payments.
• Employer fraud affecting claims.
• Misunderstandings and limitations of workers’ compensation laws.
• Termination of Employment after a work injury
• Whether an accident "arose out of" the employment. This can be a difficult aspect of Virginia Workers Compensation Cases.

Frequently Asked Questions

What are Workers’ Compensation Benefits?

Workers’ compensation benefits cover medical expenses and a portion of lost wages if you suffer from a work-related injury or illness. Most employers in Virginia are required to have workers’ compensation insurance. These benefits play a crucial role in helping an injured or ill worker obtain necessary medical care and pay for living expenses while unable to work. Additionally, workers' compensation benefits may include vocational rehabilitation services if you are unable to return to your previous job due to your injury.

Can I Sue My Employer if I Am Injured at Work?

Your ability to sue your employer depends on whether they have workers’ compensation insurance. Generally, with workers’ compensation insurance, your exclusive remedy is to file a claim for benefits. Some employers are not required to have Workers Compensation insurance. If an employer has less than 3 employees in regular service, the employer is typically not required to have Workers Compensation insurance. If your employer does not have workers’ compensation coverage, you can file a personal injury claim against the employer. However, unlike a workers’ compensation claim, you would need to prove that your employer was at fault, and your own fault may also be taken into account. If your employer is supposed to have workers compensation insurance but does not, you can use the employer and it may be easier to prove that the employer is responsible to pay for your injuries. 

Can I Get Treatment from My Own Doctor?

If your employer provides a panel of three doctors, you must choose one from that list. Any changes in doctors must be approved by your employer or the Virginia Workers’ Compensation Commission (WCC). If you do not go to one of the doctors from the panel or comply with the treatment they prescribe, you could lose your right to receive workers’ compensation benefits. You can request a change of doctors if you are not satisfied with the care you are receiving, but this must be approved by your employer or the WCC.

What If My Employer Denies My Claim?

If your claim is denied, you should file a claim with the WCC within two years of your injury. An attorney can help with filing the claim, gathering necessary evidence, and representing you in hearings and appeals. If the WCC denies your claim, your attorney can assist with filing a request for a review by the WCC or further appeals. The Virginia Workers Compensation Commission has a process for denied claims that includes attempts to resolve claims voluntarily (mediation and informal conferences) and may schedule an evidentiary hearing if a dispute remains. In many cases, an attorney can also represent you in mediation to resolve your claim without the need for a hearing.

How Long Do I Have to File a Claim for Workers’ Compensation Benefits?

It is important to pay close attention to the time limits for filing a claim with the Virginia Workers’ Compensation Commission. Generally, you must file a claim:

• Within two years from the date of your injury from a workplace accident.
• Within two years from the date you were diagnosed with an occupational disease or within five years from the date of your last injurious exposure at work, whichever comes first.
• Within two years from the date of a loved one’s work-related death.

Generally speaking, if you return to work and are disabled again by a work-related injury, you have two years from the date you were last paid workers’ compensation benefits to file a claim.  Exceptions may apply, so it’s essential to have your case reviewed by a lawyer as soon as possible to ensure your claim is timely filed.

What Can I Expect If My Workers’ Compensation Claim Is Approved?

If your claim is approved, you may be asked to sign a form called an “Agreement to Pay Benefits.” This form will state that you were injured on the job or disabled by an occupational disease, list your period of disability, and include other details about your claim. This agreement will be filed the the Virginia Workers Compensation Commission  for entry of an Award Order. It is critically important to confirm that all the information is correct, especially your average weekly wage and the affected body parts. The Agreement to Pay Benefits will be sent to the WCC for an award to be entered based on the agreement. This award requires your employer’s workers’ compensation carrier to pay your benefits. You should receive your benefits check weekly, and the benefits are not taxable. If your claim for medical benefits is approved, all medical bills should be sent directly to your employer’s workers’ compensation insurer for payment.

Can I Receive Workers’ Compensation Benefits If My Family Member  Died from an Injury at Work?

If you are a dependent of a worker who dies from a work-related injury, you may be eligible to file a claim for workers’ compensation death benefits in Virginia. The amount of benefits depends on the extent of your dependency. If you were wholly dependent, you could receive two-thirds of your loved one’s average weekly wage (subject to the statutory cap) for 500 weeks. If you are among several dependents, the amount will be divided among you. Partially dependent individuals are eligible for an amount reflecting their level of dependency. You may also be entitled to up to $10,000 in burial expenses. Additionally, you may pursue a third-party liability claim against a non-employer responsible for your loved one’s death, seeking damages available under Virginia’s wrongful death law.

I live in Accomac, VA, Virginia. Does workers compensation law change depending on where I live in Virginia?  

Since workers compensation law is uniform across the State of Virginia, the law is supposed to be  applied in each city, town and county in the same way. However, workers compensation is no different than other legal cases in that, each Judge (called a Deputy Commissioner in a Workers Compensation Case) is different and can interpret the law in different ways. In addition, there are different Virginia Workers Compensation regional offices depending on where you live. The closest Virginia Workers Compensation Regional office to Accomac, VA is located at 2500 E. Parham Road, Richmond, VA 23228 and can be reached at (804) 755-7490.

Finally, while the law is uniform, each city, town and county is  of its own kind of industry and employment profile. Accomac, VA is not different. Here is a summary of major employers and industries in the area: 

• Accomac, Virginia is a small town located in Accomack County on the Eastern Shore of Virginia. While the town itself has a relatively small population, there are several major employers in the area, including: 1. Accomack County Government: As the county seat, Accomac hosts various government offices, including the Accomack County Courthouse, Administrative Offices, and Sheriff's Department. These entities provide crucial public services and employment opportunities to the local community. 2. Accomack County Public Schools: The Accomack County Public School District operates several schools in the area, including Accomac Primary School, Accawmacke Elementary School, and Arcadia High School. These educational institutions employ a significant number of teachers, administrators, and support staff. 3. Riverside Shore Memorial Hospital: Located in nearby Onancock, Riverside Shore Memorial Hospital is a leading healthcare facility serving Accomack County and the Eastern Shore region. The hospital provides a wide range of medical services and employs numerous healthcare professionals, including doctors, nurses, and technicians. 4. Perdue Farms: While technically not within the town limits, Perdue Farms operates a chicken processing plant in nearby Accomac. The facility processes poultry and provides employment opportunities to many local residents. As for the industries Accomac is known for, agriculture plays a significant role in the area's economy. Accomack County is known for its fertile soil and large farming community. Major agricultural activities include poultry farming, livestock production, grain farming, and vegetable cultivation. Additionally, the Eastern Shore is renowned for its seafood industry, particularly the harvesting of shellfish such as clams, oysters, and crabs. The local waters provide an abundant supply of seafood, contributing to commercial fishing and the seafood processing sector. Tourism also plays a role in the area, with visitors drawn to the natural beauty of the Eastern Shore, including its scenic coastline, wildlife refuges, and historical sites. The tourism industry supports businesses such as accommodations, restaurants, and recreational activities. Overall, Accomac, VA's major employers revolve around county government, education, healthcare, and agribusiness, with an emphasis on agriculture and seafood industries.. 

Workers Compensation accidents occur in many different types of scenarios. Employees in each industry are often injured in similar ways. 

How Can a Lawyer Help Me with My Workers’ Compensation Claim?

Attorney B. Patrick Agnew Esq. has  extensive experience helping injured workers and their families secure the medical and lost-wage benefits they deserve. We offer a free consultation to discuss your case and provide services that include:

How much does it cost to hire a Virginia Workers Compensation attorney? 

This is great question. Unlike other types of legal cases that charge an hourly rate, workers’ compensation attorneys in Virginia charge on a “contingency fee basis.” This means that any fee that is Awarded to the attorney depends on the monetary recovery you obtain. The lawyer will receive a percentage of your settlement amount or court award; if you do not recover any monetary benefit, the attorney will also receive no fee. The contingency fee that the Virginia Workers Compensation Commission typically allows is 20 percent of your settlement or award. Sometimes, there are "costs" associated with representation like obtaining medical records or doctor conferences. If the attorney pays for these costs up front, the client generally must reimburse the attorney for those costs. Typically, the costs are collected when the case settles. 

Contact Us

If you’ve been injured at work, contact The Law Office of B. Patrick Agnew PLLC for a free and confidential consultation. Call us toll-free at 434-847-9066 or schedule a free consultation here. Our team is ready to help you secure the benefits you deserve.

Our Commitment

• Gather all facts about your case.
• Explain your legal rights.
• Review your medical records.
• Consult with your healthcare providers.
• Answer all your questions.
• Keep you informed about your case progress.

Conclusion

Navigating the complexities of workers' compensation can be overwhelming. This guide is designed to provide a comprehensive overview of your rights, the benefits available, and the critical steps to take after a workplace injury.

Key Takeaways:

• Understanding Workers' Compensation in Virginia: Knowing your legal rights and the types of compensation benefits available is crucial.
• Steps to Take After a Workplace Injury: Reporting your injury, seeking medical attention, and contacting an attorney are essential actions.
• Why You Need a Local Attorney: Expertise in workers' compensation law, local knowledge, and the benefits of legal representation can significantly impact your case.

For personalized support and experienced legal advice, we you can contact The Law Office of B. Patrick Agnew Esq. With years of experience and a deep understanding of Virginia's workers' compensation laws, we are dedicated to helping injured workers get the benefits they deserve.

Contact Information:

• Phone: 434.847.9066
• Free Consultation:  schedule a free consultation

Note: This guide is not intended as legal advice. Always consult with an attorney to discuss your specific situation. The Law Office of B. Patrick Agnew Esq. offers a free consultation to help you understand your case and the best path forward. Don't wait—reach out today to ensure your rights are protected and you receive the compensation you deserve.