Workers Compensation in Virginia
You aren’t alone if you wonder how workers’ compensation works.
Workers’ compensation is insurance that provides wage and medical benefits to people who have become ill or injured while at work. How far this coverage goes depends on Virginia state law.
If your injury or illness is eligible for compensation, the insurance carrier should help ease the financial burden.
Learn some of the basic principles of Virginia workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Virginia ?
Private and public employers in Virginia reported over 74,600 nonfatal incidents in 2019 to the U.S. Bureau of Statistics. Data from the Department of Labor and Industry shows substance abuse professionals and manufacturing workers experienced the highest rate of incidents. That trend continued with a large uptick for service industry workers and professionals in the education system. On the whole, work injuries cost $171 billion in 2019 alone, which is an average of $1,100 per worker.
How Does Workers Comp Work in Virginia ?
There is a standard practice to follow when going through the Virginia workers’ compensation process.
The circumstances surrounding the incident that led to the injury are crucial. The injury had to occur during your regular work duties.
If a business has more than two employees in Virginia, it must have workers’ compensation insurance coverage. Even companies that hire subcontractors for projects have to count them as employees for their insurance. 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.
The steps you take immediately following a workplace incident in Virginia are critical for filing a claim. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a Virginia healthcare professional. Taking too long could not only jeopardize your health, but you run the risk of missing deadlines.
Even if you believe your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This step is the top priority in the workers’ compensation claim process. Otherwise, your employer cannot file a claim with the insurance carrier.
You may have regular checkups and testing for weeks or months before a doctor finally connects your illness with your job. Your medical records will become the foundation from which the workers’ comp carrier will launch its investigation.
Generally, your doctor determines if the illness happened because of your work conditions or became aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer.
When you realize that you got hurt or sick on the job in Virginia, you have two years from the incident to file a claim for workers’ compensation. Don’t delay, and find medical attention right away. After you have been off work for more than seven days, your employer must submit a First Report of Injury to the state. The largest amount you could receive from the Virginia Workers’ Compensation Commission in 2020 after approval was $1,137 for up to 500 weeks.
Contents of the Report
The First Report of Injury will provide the workers’ compensation insurance carrier with the necessary details. They must know your physical injuries, the medical treatment you received, and the facilities that provided it.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any witnesses.
You have to wait seven days before collecting payments from the Virginia Workers’ Compensation Commission. You do get paid for that time if your recovery goes beyond the standard week.
Why You Should Hire a Workers’ Compensation Lawyer
Many people believe that the injury claims process is straightforward. While this may be the case in some instances, it may be more of a hassle.
For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury.
Don’t question how workers comp works and risk losing your claim. Hire a Virginia workers’ comp lawyer and ensure you have an advocate to fight for your rights.
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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