If you are reading this post, it is likely that you, or someone you care about, has been injured on the job. I hope the information below will help introduce you to the Virginia Workers Compensation system and provide general answers to common questions that arise.
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 enacted on March 21, 1918 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. 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 may be 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. For nearly 20 years, I have represented injured workers throughout the Commonwealth of Virginia. My practice extends to representing injured workers throughout Virginia, including Charlottesville City, Virginia. I am dedicated ensuring that my clients receive the compensation you deserve. You can read some of my client Reviews here and my case results here.
Some of the services I provide related to workers compensation 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, I hope that the information about Virginia Workers Compensation below 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.
Initial Steps to Take if Injured on the Job in Charlottesville City, Virginia
- 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.
- 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. Ask your employer for a panel of 3 doctors to choose from to receive medical treatment. Many times employers will simply direct injured workers to go to a doctor of the employer’s choice. You have the right to request a panel of 3 doctors to chose from.
- Notify All Relevant Parties: If you work for a subcontractor, notify both your direct employer and the general contractor in writing.
- Report All Incidents: Even minor injuries should be reported as they can develop into more serious problems.
- Ask your employer to report the accident to their Workers Compensation Insurance Carrier. This is really important. Many times, employers do not know what steps to take. Smaller employers may not even know that they are supposed to contact their workers compensation insurance company.
- Consider filing a claim with the Virginia Workers Compensation Commission.
Criteria for a Virginia Workers’ Compensation ClaimTo 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.
- Cause an identifiable injury
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. In some cases, pre-existing injuries and/or conditions may be covered if the accident "materially aggravated" the pre-existing condition.
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
Injured workers (called “Claimants”) can receive:
- Payment for all necessary medical treatment.
- Temporary Total and/or Temporary Partial Beneifts. (A portion of weekly wages, based on whether the injury is temporarily total or partial)
- Vocational Rehabilitation benefts
- Permanent Total Disability Beenfits
- Permanent Partial Disability Benefits
- Funeral Expenses
- Mileage reimbursement for medical visits
- Death Benefits
The Virginia Workers Compensation Commissoin
The VWC is a state agency assigned with the task of administering the Virginia workers' compensation program. The program applies to most employers who who do any kind of business in Virginia and most employees who work in Virginia. There are a variety of players involved in the Virginia workers' compensation system including insurance companies, group self-insurance associations, professional organizations, legal associations like the Virginia Trial Lawyers Association and third-party administrators. . Finally, Attorneys often represent these parties before the Virginia Workers Compensation Commission and, very often, injured workers are a represented before the Commission.
The Commission offers a wide variety of services and procedures to employees, employers, insurance companies and attorneys ranging from online services that facilitate meeting legal and procedural requirements, to customer assistance, to adjudication and mediation services to parties with disputes, and everything in between.
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. I have the experience and knowledge to vigorously advocate for your interests. Don't hesitate to contact my office at 434-847-9066 or schedule a free consultation here.
Common Workers’ Compensation Issues
- Denial of part of a claim or the entire claim by an Employer and/or the Employer's Workers Compensation Insurance Company
- Employers and their insurance company stopping benefits payments when an employee is still injured
- Employer's failure to report the accident to the Virginia Workers Compensation Commission
- Misunderstandings and limitations of workers’ compensation laws.
- Termination of Employment after a work injury
- Denial because the Employer and the insurance company does not believe that the accident "arose out of" the employment. This can be a difficult aspect of Virginia Workers Compensation Cases.
- Denial because the insurance company does not believe that the injury is related to or caused by the accident. This is a very common issue in 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 Charlottesville City, 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.
Finally, while the law is uniform, each city, town and county can have a unique industry and employment profile. Charlottesville City, Virginia is no different. Charlottesville, Virginia, is home to a diverse array of major employers that play a significant role in the local economy and community. At the forefront is the University of Virginia, a prestigious institution that not only educates thousands of students but also provides substantial employment opportunities for faculty, staff, and healthcare workers through its extensive medical center. Additionally, the local government and educational institutions contribute to the job market, employing a significant number of residents. The healthcare sector is further bolstered by organizations like Sentara Martha Jefferson Hospital, which offers numerous positions in various medical and administrative roles. The city also benefits from a thriving technology sector, with companies like WillowTree and other startups driving innovation and attracting skilled talent. Moreover, the vibrant tourism and hospitality industry, fueled by Charlottesville's rich history and beautiful scenery, adds depth to the employment landscape. Collectively, these entities create a dynamic economic environment that supports the community and fosters growth in the region..
How Can a Lawyer Help Me with My Workers’ Compensation Claim?
An Experienced Virginia Workers Compensation attorney will, at a minimum, provide the following services:
- 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.
How much does it cost to hire a Virginia Workers Compensation attorney?
This is a 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.
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.
For personalized support and experienced legal advice, 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
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.
