What if a Workers’ Comp Insurer Delays My Benefits?


If you suffered from a work-related injury, you might be wondering what your rights are under the law. Fortunately, with the help of a workplace injury lawyer, Virginia law has a Workers’ Compensation program that allows you to recover compensation if you suffer a work-related injury.

These claims are ordinarily faster than they would be if you had to go to court to seek benefits, but the process is not always that smooth. If the Workers’ Comp insurer delays your benefits, what should you do?

How does Workers’ Comp Insurance Work?

Unlike other states, Virginia doesn’t require all employers to maintain Workers’ Comp insurance for their employees. However, if you are covered under Workers’ Comp insurance, it doesn’t mean the benefits are automatic once you suffer an injury.

While the law does require the insurer to make prompt payment if you are entitled to the benefits, you still have to prove that entitlement.

Specifically, you’ll have to prove your injury or disease arose in the course of your employment. Unless your situation falls under those situations that make a presumption of connection with your employment. The burden is on you, the claimant, to prove a connection between your injury and your employment.

When Should You File a Claim for Workers’ Comp Benefits?

Under Virginia law, you have two years from the time of the accident to file your claim for Workers’ Comp. Otherwise, you could forfeit your right to compensation

While two years might seem a long time to file a claim, your recovery period, gathering of evidence, preparing for deposition, among other factors, can also take a long time before you are fully ready to establish your claim. If you’re worried about the deadline for your claim, contact a local Workers’ Comp lawyer today.

What If a Workers’ Comp Insurer Delays Your Benefits?

Once payment from a Workers’ Comp insurer becomes due, the insurer has two weeks to make the payment. If it fails to pay within that period, the amount to be compensated increases by 20%.

How Can an Attorney Help?

With an experienced Workers’ Comp lawyer at your side, you can be sure you will receive full benefits and compensation due by law. At Pathfinder Law, your Workers’ Comp lawyer can help build your case to get your benefits and the late payment penalty in case of delay by the Workers’ Comp insurer.

When you’re ready to hold the insurance company accountable, schedule your free consultation by calling 804-505-0633 or fill out the contact form online.

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