Work-related injuries can be devastating and not just physically. The costs incurred due to a work-related injury can put a major dent in your financial status, which is why it’s important to consult an attorney and claim compensation when you’ve been injured on the job.
Fortunately, Virginia has a Workers’ Compensation Act that provides access to benefits without having to go to court. Employers with at least two employees are required to have Workers’ Comp coverage for their employees.
If your employer has you covered under Workers’ Comp insurance, it’s still important to know if your situation qualifies for Workers’ Comp benefits in Virginia.
Workers’ Comp is the compensation received by an employee in case of injury or illness and by their qualified successors in the case of death. To qualify for compensation, the injury or the death must be proven to have arisen out of and in the course of employment.
If you have a right to Workers’ Comp in Virginia, you should file it within two years from the date of the work-related accident. In case of death, the claim must be filed within two years from the death. Otherwise, your right to pursue it will be forever barred, and you will have to pursue your claims in a court of law.
The benefits awarded for a Workers’ Comp claim depend on the nature and severity of the injury, loss, and hardship caused by the accident or illness.
If an accident has left you permanently or temporarily disabled, you may be entitled to disability benefits. Medical expenses incurred are also covered.
If you contracted an occupational illness due to your work, you are also entitled to compensation from Virginia’s Workers’ Comp program.
Even lost wages, or the money you would have earned if you weren’t injured or ill, can be claimed from Workers’ Comp.
To qualify for Workers’ Comp, you first need to be covered under your employer’s Workers’ Comp insurance.
However, there are other things you need to prove if you want to claim your benefits fully. You also need to prove that you were an employee at the time of the accident, you must prove that you contracted a work-related injury or an occupational illness, and you must meet the two-year deadline for filing claims for Workers’ Comp.
Even if you are qualified for Workers’ Comp, it does not always assure prompt recovery. The employer or the insurance company may argue that you are not an eligible employee or that the injury you suffered is not related to your employment.
At Pathfinder Law, we believe that clients should not have to suffer twice: first from the work related injury and again from the unjust denial of Workers’ Comp benefits. Our Workers’ Comp attorneys can help ensure that your rights are fully represented before the other party, so you can recover what you are entitled to under the law.
When you’re ready to take back control of your life, schedule your free consultation by calling 804-505-0633 or fill out the contact form on this page.
Bryn Swartz is passionate about helping others navigate work-related injuries. Read more from the founder of Pathfinder Injury Law in VA.