If you’re hurt in a car accident at work, you need Workers’ Comp benefits from your employer. Workers’ comp can pay for your medical treatment and part of your lost wages.
For many of us, driving is part of the job. Whether you’re a delivery driver, a truck driver, or driving is only a small part of your job, you may spend hours behind the wheel every week.
Sadly, that means you’re at risk for a serious car accident at work in Virginia.
Here’s how workers’ comp benefits work after a crash on the job.
Who’s Liable for a Car Accident at Work?
When you’re hurt at work in Virginia, one of your first concerns may be about who caused your injuries and who should pay for them. Someone should be held responsible for their actions, right?
Because you’re facing a Workers’ Comp claim, you generally don’t have to prove who caused the accident. Even if your own mistake caused it, you can usually still recover benefits. However, a willful failure to use a safety appliance or perform a statutory duty, or a willful breach of a known, reasonable rule of the employer, can bar recovery. The employer has the burden of proof.
But liability can impact your Workers’ Comp claim. For example, if another driver caused the crash, you may also be able to bring a personal injury claim against that driver, so long as they are not a coworker or in the same trade, business, or occupation as your employer. Workers’ compensation is generally the exclusive remedy against your employer, so a lawsuit against your employer is generally barred except in extremely rare situations. Claims against third parties may exist, such as suing the driver of another vehicle.
Learn how we can help you with your vehicle accident Workers’ Comp case.
Compensation for a Virginia Car Accident at Work
Hurt in a serious car accident while working in Virginia? You’ve got a shot at getting compensated for your injuries through your Workers’ Comp benefits. The problem is, you may have some questions about what these benefits really cover and what you can receive.
Below is just a sample of what you can expect from your Workers’ Comp benefits.
Medical Costs
A Virginia car accident can cause some severe injuries, from back injuries to concussions and more. Because of this, you may already have medical bills piling up. Worse, you don’t have the funds to pay for them.
The insurance company is required to pay for treatment that is reasonable, necessary, and causally related to your work accident, including travel, rehabilitation, and specialist care. That doesn’t mean it will.
Disability Benefits
It’s not easy to recover if you don’t have the money to pay for your recovery. Your medical bills may be covered, but what about the costs to keep the lights on and food on the table for your family? Luckily, that’s where your disability benefits kick in.
Disability benefits replace a portion of the income you lost. What percentage of your original wages you’ll get depends on the severity of your injuries and whether you can return to work. For example, if you are able to work in some way, the weekly amount of your benefits may change, or other legal requirements may arise, such as searching for work.
Benefits for Fatal Accidents
If you’ve lost a loved one in a fatal car accident at their Virginia work site, you may still receive Workers’ Comp benefits for your loss. Losing a loved one is always difficult, but when you rely on them for financial support, you’re facing more than grief: you’re facing serious financial hardship tied to your loss.
Family members may receive death benefits for their losses. These benefits can pay for a limited amount of funeral expenses, medical bills incurred before the death, and lost wages for certain periods of time for certain survivors or dependents who meet statutory criteria.
What If My Virginia Workers’ Comp Claim Is Denied?
You may have been waiting by the mailbox for the letter offering you Workers’ Comp benefits. But when you opened it, you had only a denial letter in your hand.
First, don’t panic. A denial is not the end of the claim. Start with the reason the insurance company gives for denying it. That reason is a good first look at what your evidence will have to answer.
You can ask for a hearing before the Virginia Workers’ Compensation Commission. At the hearing, a deputy commissioner hears the evidence and decides whether benefits are due.
Hurt in a Car Accident While Working?
A crash on the job can mean a workers’ comp claim and, sometimes, a claim against the other driver. Pathfinder Injury Law handles only Virginia workers’ compensation claims. Call 804-505-0633 or fill out our online form.
Virginia Workers’ Comp Car Accident FAQ
When can I expect my benefits from my accident?
When you’re hurt in a Virginia work accident, you need Workers’ Comp benefits now, not later. You should receive confirmation that your claim has been accepted or denied as soon as possible. If your claim is denied, you have the right to request a hearing before the Virginia Workers’ Compensation Commission so you don’t have to keep waiting for your Workers’ Comp coverage.
Does Virginia Workers’ Comp pay for lost wages?
After a serious work injury in Virginia, you may be directed to your Workers’ Comp benefits to recover from your injuries. You can’t cover your bills and needs without your wages, so it’s vital that you get coverage.
Yes, in part. If the insurance company accepts your claim for lost wages, it sends you an Award Agreement. Once that is signed and the Commission enters an award, you are paid for the time you are unable to work because of the injury, starting on day 8.
In Virginia, can I get all my Workers’ Comp benefits right now?
In some cases, you may want a lump-sum settlement for your Virginia work accident, rather than weekly payments. A lump sum means you’ll receive a compromised payment of your benefits all at once. Settling your case closes everything and ends benefits, so you may be unable to get further benefits for your injury if you’re not healing as fast as your doctors thought.
What happens when you file a Workers’ Comp claim?
After a serious work accident, you may have immediately reported your accident to your employer. They need to know about injuries that happen at work, and they’re responsible for your Workers’ Comp benefits.
After you file, the Commission will order your employer’s insurance company to respond to your claim within 30 days. It may accept the claim or deny it.
What’s the Workers’ Comp Process in Virginia?
Virtually all employers with three or more employees regularly in service in Virginia are required to carry workers’ compensation insurance. If an employee receives an injury while completing their job-related duties, they can file a claim with the Virginia Workers’ Compensation Commission to seek benefits including reimbursement of costs. Employees can use the Workers’ Comp process to apply for several financial benefits.