Virginia Accident Victims: Answers to Your Frequently Asked Questions
If you were hurt in a Virginia accident because of somebody else's carelessness, you probably have a lot of questions. Should you hire an attorney? What kind of compensation do you deserve? Do you have a case? Hopefully, the following information will assist your understanding of the law and get you started on the right track.
Please click on a question below to view the answer:
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My Virginia workers’ compensation has already been denied. Is it too late for me to contact a Virginia workers’ compensation lawyer for help?
We are sorry to hear that you have been hurt in a Virginia workplace accident and that your workers’ compensation claim has been denied. In theory, workers’ compensation is supposed to be a no-fault insurance program. That means that the insurance company should pay you for the injuries you sustained on the job, regardless of who was at fault for the accident. Yet, some insurers seek to maximize their profits by denying valid claims.
If your claim has been denied, then you have certainly suffered a setback, but it is not too late to contact a Gainesville workers’ compensation lawyer. Your lawyer will advise you of your rights and can discuss your legal options with you. Those options could include filing a workers’ compensation appeal or a personal injury claim against a third party.
You can be confident that if you choose to file an appeal or a claim against a third party, such as a machine manufacturer, that an attorney will be representing the insurance company or third party. You deserve the same advantage.
Accordingly, we invite you to call an experienced Gainesville workers’ compensation attorney today for more information. Our lawyers welcome your call at 540-341-0007 or 888-907-2631, and we would be pleased to provide you with a FREE consultation about your legal rights and possible financial recovery.
Can a fatal, on-the-job accident result in a wrongful death in Virginia?
Yes. While many people (correctly) think of wrongful death cases as arising out of motor vehicle accidents, there are also other types of fatal accidents that might result in wrongful death cases. A workplace accident is one such type of accident. While most workplace accidents are covered by worker's compensation laws, a fatal accident caused by a third party may give rise to a wrongful death case.
Wrongful death valuation depends on many factors. Once negligence is proven, damages may include compensation for:
- Funeral costs.
- Medical costs incurred prior to death.
- Lost income that your family is suffering due to the death of your loved one. This includes income that your loved one would likely have contributed to the family in the future.
- The emotional consequences suffered by you and other close survivors.
- Other damages which may include specific amounts and/or punitive damages in some cases.
For more information about how to recover damages after a fatal occupational injury in Virginia please contact us for a free, no-nonsense consultation.
I was struck by a bulldozer while working on a construction site and seriously injured my leg. Who is liable?
While there are rare exceptions, your employer is generally immune from legal action if an injuring accident occurs while you are working on a construction site. Your employer’s liability is protected by the Virginia Workers' Compensation Commission, which limits your compensation to the payment of medical bills and weekly payments, set by the VWCC and based on the extent of your injury. When multiple contractors are working on a construction site, injuries often occur as a result of another company or contractor's carelessness or wrong doing. Also, dangerous defects in tools being used in construction may be the source of your injury.
When either of these circumstances is the case, an experienced attorney can investigate who else may be to blame for your injury, and help you obtain a more substantial settlement for your injury than you’d ever receive through workers compensation.
Will pursuing a lawsuit for a construction accident injury jeopardize my rights to workers compensation?
It shouldn't. Workers compensation is a 'no-fault' form of insurance that is paid whether you caused the accident yourself, someone at your workplace caused the accident, or a combination of both led to your injury. Whenever a workplace injury occurs, investigating third-party liability for the injury is your right, and anyone who tells you differently is wrong.