Frequently Asked Questions
What qualifies as a work accident in Virginia?
Just because you get hurt at work doesn’t mean you automatically get Workers’ Compensation benefits.
A compensable injury by accident is defined as one arising out of and in the course and scope of the employment, causing a sudden structural or mechanical change in the body.
In addition, the accident must:
- Happen suddenly at a specific time.
- Not be barred by a willful failure to use a safety appliance, a willful failure to perform a statutory duty, or a willful breach of a known, reasonable rule of the employer. The employer has the burden of proof.
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, although exceptions apply, or any right to benefits may be lost.
Important date #2: Generally, 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, although exceptions can apply.
Filing a claim does not obligate the employer to pay. Getting an award does, but not always.
What Workers’ Comp benefits can I receive in Virginia?
There are several potential benefits available under the Virginia Workers’ Compensation Act:
- Wage loss
- Medical benefits
- Permanent partial disability benefits (for loss of use, disfigurement, scarring, etc…)
- Permanent and total disability benefits
- Death benefits
- Lump-sum settlements (these are voluntary; the Commission cannot order one)
What do I have to do to receive Workers’ Comp benefits?
- Give notice to your employer as soon as possible about your accident and injury.
- File a claim with the Virginia Workers’ Compensation Commission 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.
- Talk to a Workers’ Comp lawyer: call 804-505-0633.
Should I get a Workers’ Comp attorney in VA?
It depends.
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.
Additional FAQs
- What happens when you file a Workers’ Comp claim?
- What if a Workers’ Comp insurer delays my benefits?
- What’s the Workers’ Comp Process in Virginia?
- What types of Workers’ Compensation settlements are there?
- Should I accept a lump sum settlement for my Workers’ Comp claim?
- How long can a Workers’ Comp claim stay open?
- Can I receive Workers’ Comp and Social Security Disability at the same time?
- Does Virginia Workers’ Comp pay for lost wages?
- Are Workers’ Comp benefits taxable?
- How do you strengthen a Virginia Workers’ Comp case?
- How do you settle a Virginia Workers’ Comp dispute?
- How is Workers’ Comp calculated in Virginia?
- How long do Virginia Workers’ Comp settlements take?
- How do you calculate a Virginia Workers’ Comp settlement?
- How do you prepare for a Virginia Workers’ Comp hearing?
- How do you prepare for an IME in Virginia?
- If I get injured at work in Virginia, do I get paid?
- What does Workers’ Comp cover in Virginia?
- What happens after a Workers’ Comp IME in Virginia?
- What happens if your Workers’ Comp claim is denied?
- What is maximum medical improvement in Virginia Workers’ Comp claims?
- When does Virginia Workers’ Comp start paying?
