Virginia Workers Compensation
Your Rights to Compensation if you are injured on the Job
In Virginia, if your place of work has three or more employees, then your employer is required to maintain Workers Compensation Insurance. This insurance covers injuries sustained in the workplace or off-site if the worker is injured during the performance of his or her job (such as with a courier or delivery person who is injured in a traffic accident). Injuries and disabilities are classified by their extent, and under Virginia law the injury is either a temporary partial, temporary total, permanent partial or permanent total injury.
The payments an injured worker receives are dependant upon what part of the body is injured. Once a workers comp claim is made and payment is approved by the employer’s insurance company (or the employer itself, if the employer is self-insured), the injured worker receives a weekly sum for a fixed period of time, ranging from a few weeks to as much as a lifetime.
Injuries that occur on the job usually depend on the line of work you are engaged in. Construction workers, for instance, are vulnerable to many more types of injuries than office workers. Typically, workers compensation cases involve injuries to the limbs (arms or legs), loss of eye sight and loss of hearing. Injuries that result in burns and other physical scarring are also covered, as are catastrophic injuries to the brain or spinal cord, and survivor benefits in cases of fatalities. However, injuries that occur over an extended period of time through repetition or diseases that affect the back, neck or spinal column are not covered by Workers Compensation. These types of gradual injuries and illnesses are covered under a federal law known as the Employee Retirement Income Security Act (ERISA).
Legal Obstacles to your Workers Compensation Claim
Theoretically, workers compensation is a no-fault form of insurance. For example, if you accidentally knocked over a 300 lb. container and it crushed your foot, you would still receive workers compensation, even though it could be argued that you caused the accident that caused your injury. But like the majority of insurance programs, payouts for workers compensation have been on a steady decline since the 1980s. Workers who once enjoyed a “no questions asked” process when seeking compensation for their workplace injuries now face a formidable wall of scrutiny and a much higher denial rate of claims. Insurance companies argue that this is because safer working conditions have been put in place, and as a result serious injuries are simply less frequent now.
As a law firm that is active in strengthening safer working conditions for employees, the attorneys of Dulaney Lauer & Thomas know that in many areas of labor, conditions are getting much worse. In particular, in the area of construction, where hiring practices are often looser and fall well short of the requirements of Virginia employment law, construction workers are left with minimal settlements for injuries that will affect their ability to earn for the rest of their lives.
Virginia law says that injured workers that appear before a hearing are not required to have an attorney to assist them. But by no means should you heed such advice. If your case becomes complex or your claim is denied or minimized by your employer, you’ll need an attorney. Your employer will have one, and that attorney’s job will be to save your employer money, solely at your expense. This is why it is important to consult an attorney as early in the claims process as possible. An experienced attorney can help anticipate problems with your claim, and help you rectify any issues that may prevent you from receiving adequate compensation.
The attorneys of Dulaney Lauer & Thomas have experience preparing workers compensation claims for review by the Virginia Workers Compensation Commission. We have argued on behalf of hundreds of injured workers in our effort to maximize the benefits they receive. We help our clients prepare the necessary medical documentation to support their injury claims, help establish fair disability ratings and causation opinions, and assist our clients through the claims and appeals processes. Through each step of your workers compensation case, we fight to ensure the best possible outcome for your case.
Products Liability & Negligence Cases Stemming from Workers Compensation Claims
Workers injured on the job aren’t always solely dependent upon their employers and the workers compensation insurance program to obtain the necessary income they need while they recover. Often, injuries in the workplace are caused by defective products or conditions that were caused by a negligent third party. In such cases, injured workers can pursue a lawsuit against the third party, and the decision to sue another party has no effect on their rights to Workers Compensation benefits. Our firm has helped many workers identify and successfully pursue lawsuits against third parties that contributed to their injuries.
If you live and work in Virginia and you’ve been injured on the job, you owe it to yourself to explore every legal option your case affords. The first crucial step in this process is talking to an experienced attorney. Our firm is here to assist you with your workers compensation claim today.
Blog for Virginia Workers Compensation
Library for Virginia Workers Compensation:
- Injured Virginia Workers: What benefits are covered under the Virginia Workers’ Compensation Act?
Wondering what benefits you deserve after being hurt on the job in Virginia? Here’s a quick, easy to understand summary of Virginia workers’ comp benefits available to workers injured in a workplace accident. - Workers’ Comp Death Benefits in Virginia
Lose a loved one in a Virginia workplace accident? You and your family may be eligible for Virginia workers’ comp death benefits. Learn more about these benefits available to fully and partially dependent individuals in this article. - Think your Virginia employer is trying to push you out of a job after a workplace injury?
Hurt on the job in Virginia? Facing work restrictions because of your injuries? Stuck in a terrible new job thanks to your employer? You may be wondering if your employer is trying to push you to quit or find new work after your workplace accident – and you might be right. - “Extended premises” and Virginia workplace accidents
If you were hurt while walking to work in Virginia, can you ask for workers’ compensation benefits? What if you were in the lobby where you worked, or the parking garage? Learn more about the concept of ‘extended premises’ in this article about the nuances of Virginia workers’ compensation benefits. - Hurt on the job? Learn These Virginia Workers Compensation Insurance Myths
How much do you know about the workers’ compensation system in Virginia? When workers are hurt on-the-job in Virginia, they are often surprised to find out that getting medical care and fair compensation for their injuries isn’t as easy as they thought it would be. Protect yourself by knowing the facts. - Who is covered by Virginia Workers Compensation Insurance?
Hurt in a workplace accident in Virginia? You may be wondering if you are eligible for Virginia workers’ compensation benefits to help you pay for medical bills and recover from the injuries you sustained on-the-job. This article lists occupations that typically are and are not covered by Virginia workers’ comp insurance. - Is your Virginia employer committing workers’ comp fraud?
There are many forms of workers’ comp fraud in Virginia, but none more disturbing than some of the tricks played by employers to avoid paying fair insurance premiums or benefits to injured employees. Employers have been caught misclassifying workers, underreporting payroll, downplaying worker injuries, and colluding with doctors to downplay the severity of worker injuries. - Injured on the job? See YOUR OWN doctor
If you’ve been injured on-the-job, it is important that you understand your rights so that you receive fair workers’ compensation. One trick that employers and their insurance companies use is to tell injured workers that they must visit the company doctor after a workplace accident. Don’t fall for this one! Make sure that you see a doctor of YOUR choosing, and talk to a workers’ comp attorney if you have any questions or concerns. - Why employers need to worry about workplace vehicle safety
When a worker is injured in an on-the-job motor vehicle accident in Virginia, employers stand to lose tens of thousands of dollars in expenses for medical care, legal costs, property damage and lost productivity. Given the high stakes involved in workplace vehicle crashes, employers can – and should – do more to protect their workers’ safety. - Virginia workers can suffer from serious head injuries
Head injuries are a serious danger facing many Virginia workers, especially those engaged in risky jobs like construction. There are several different types of head injuries that a worker can experience, and the symptoms can range from mild headaches to severe memory loss. Workers must also consider the long-term issues they might face after sustaining an injury to the head. - Did officials ignore hazardous working conditions at a Virginia University?
A Virginia university is taking heat after investigation of its Fine Arts building suggests that officials did not take warnings about dangerous silica dust seriously. An art professor was diagnosed in 2005 with silicosis resulting from long-term inhalation of silica dust, and even since that diagnosis there is concern that school officials have not taken the situation seriously enough. A Workers’ Compensation commission investigation of the professor’s illness resulted in permanent disability benefits being awarded to the professor. - Protection for Virginia Workers with Serious Brain Injuries Denied
What could be more terrifying to find out that someone you love was found so severely injured on the job that nobody knows what happened to them? How about being denied workers’ compensation for your loved one’s injuries because there is no way to prove that the injuries were employment related. Sadly, this happened to one Virginia worker not long ago and sadder still a bill aimed at protecting other workers in this same situation was voted down in the Virginia Senate. - Your Virginia Workers’ Compensation Rights
If you’re a Virginia worker suffering from a work related injury or disease, it is important that you understand your rights under the law. Find out what benefits you are entitled to, and make sure that your employer isn’t taking advantage of your situation to keep you from getting the compensation you deserve. - Workers' Compensation: Get Ready For a Fight
The laws regarding workers' compensation cases are changing every year, and they almost never change to benefit the workers. If you are facing a workers' compensation case, you better get ready for a fight.
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