Workers Compensation in Virginia
An unexpected injury on the job can turn your world upside down. Medical bills start piling up, paychecks disappear, and the pressure of providing for yourself or your family grows unbearable. But what happens if your employer pushes back on your claim?
Virginia’s workers’ compensation program exists to offer financial relief, covering medical expenses, lost wages, and long-term assistance if you can’t return to work. Unfortunately, the process isn’t always straightforward.
The key to maximizing your benefits is taking the right steps from the start. Knowing what to do—and what mistakes to avoid—can make a significant difference.
This guide walks you through Virginia’s workers’ compensation process, breaks down the benefits available, and explains how legal support can help if your claim faces challenges.
Workers Compensation Statistics in Virginia ?
Workplace injuries remain a significant concern for employees across Virginia. In 2023, private-sector employers reported approximately 74,200 nonfatal workplace injuries and illnesses, resulting in an incidence rate of 2.3 cases per 100 full-time employees, slightly below the national average. (Source)
Some industries in Virginia see more workplace injuries than others:
- Construction – With an injury rate of 3.7 per 100 workers, common hazards include falls, heavy machinery accidents, and electrical incidents.
- Manufacturing – An industry with an injury rate of 3.3 per 100 employees, where repetitive stress injuries, exposure to hazardous materials, and equipment-related accidents frequently occur.
- Healthcare and Social Assistance – With an incidence rate of 4.1 per 100 employees, common injuries stem from lifting patients, slip-and-fall accidents, and exposure to infectious diseases.
How Does Workers Comp Work in Virginia ?
Virginia law requires most businesses with three or more employees to carry workers’ compensation insurance. The system operates as a no-fault program, meaning employees are entitled to benefits regardless of who was responsible for the accident—as long as the injury is work-related.
After approval, the Virginia Workers’ Compensation Commission contributes to medical bills, lost wages, and cash payments. The state pays you 66% of your average compensation for the 52 weeks before the accident or onset of illness.
Wage replacement benefits begin after a seven-day waiting period and continue until you reach maximum medical improvement (MMI) or return to work.
Get Medical Attention
Getting medical care as soon as possible after a workplace injury is one of the most important steps you can take. Insurance companies often scrutinize claims closely, and if you delay treatment, they may argue that your injury wasn’t serious or wasn’t work-related.
In Virginia, your employer has the right to choose your doctor from a list of at least three approved physicians. If you seek treatment outside of this network without authorization, your medical expenses may not be covered.
To strengthen your claim:
- See a doctor immediately, even if the injury doesn’t seem severe at first.
- Follow all medical advice, including prescribed treatments and follow-up appointments.
- Keep detailed records of your diagnosis, medical visits, and work restrictions.
- Notify your employer about any updates related to your condition and ability to work.
If your employer refuses to provide medical care or your insurance carrier denies necessary treatment, a workers’ compensation lawyer can help protect your rights.
File a First Report of Injury
Virginia law requires workers to report a workplace injury to their employer within 30 days of the accident. The sooner you report the injury, the better—it helps prevent delays or challenges to your claim.
Once you notify your employer, they must:
- File a First Report of Injury (FROI) with their workers’ compensation insurance provider and the Virginia Workers’ Compensation Commission (VWCC).
- Provide you with details about your rights under the workers’ compensation system.
- Ensure that you receive medical treatment from an approved provider.
If your employer fails to report your injury or the insurance company denies your claim, you can file a Claim for Benefits form with the Virginia Workers’ Compensation Commission.
Virginia has a two-year statute of limitations for filing a formal workers’ compensation claim, so it’s important to take action quickly if your benefits are delayed or denied.
Why You Should Hire a Workers’ Compensation Lawyer
The workers’ compensation system is meant to protect employees, but insurance companies are often more concerned with minimizing payouts than ensuring you receive fair compensation. If your benefits are delayed, reduced, or denied, legal representation can make all the difference.
A workers’ compensation lawyer can:
- Ensure your claim is filed correctly to prevent technical errors.
- Negotiate with the insurance company to maximize your benefits.
- Gather evidence, including medical records and witness statements, to strengthen your case.
- Represent you in appeals and hearings if necessary.
Work With an Experienced Local Lawyer in Virginia
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across Virginia state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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