September 18, 2020
Virginia Workers Comp FAQ
What qualifies as a work accident in Virginia?
Just because you get hurt at work doesn’t mean you automatically get workers compensation benefits. Generally speaking, an accident must:
- Occur at work or during a work-related function.
- Arise out of and occur in the course of your employment.
- Be caused by a specific, identifiable work activity that causes a sudden mechanical change in the body.
- Happen suddenly at a specific time.
- Not be the result of willful misconduct or a safety rule violation.
Do you have a case? Call today for a free consultation – (804) 505-0633.
Are there time limits for my VA workers comp claim?
Yes, time limits are very important in Virginia Workers Compensation claims.
- Important date #1: An employee must file a claim with the Workers’ Compensation Commission within two years from the date of the accident or any right to benefits may be lost.
- Important date #2: If after returning to work, you are again disabled, you must file a claim within two years of the date for which you were last paid compensation under an award.
If no claim is filed with the Commission or no award entered, the employer may stop paying medical expenses or wage loss at any time.
What workers comp benefits can I receive in Virginia?
There are several potential benefits available under the Virginia Workers Compensation Act:
- Wage loss
- Lifetime medical benefits
- Permanent partial disability benefits (for loss of use, disfigurement, scarring, etc…)
- Permanent and total disability benefits
- Death benefits
- Lump-sum settlements
What should I have to do to receive work comp benefits?
- Give notice to your employer as soon as possible about your accident and injury.
- File a claim with the Virginia Workers Compensation benefits as soon as possible. Ultimately, the Virginia Workers Compensation Commission will decide if you are entitled to benefits but you must file a claim.
- Get medical treatment and obtain your medical records.
- Obtain any documents related to your accident from your employer.
- Have your case evaluated by an experienced workers compensation attorney – call 804-505-0633.
Should I get a workers comp attorney in VA?
Sometimes we will speak with clients and recommend they not retain counsel. Some cases are complex and some are not. We are happy to help you make a good decision. No obligations. No heavy-handedness. Just help for you. Call Pathfinder Injury Law today – (804) 505-0633.