If you have recently sustained an injury on the job and your employer makes it hard to get the benefits you need, you should consult a workers’ comp lawyer near me to know the best steps to take. The workers’ compensation system in Virginia exists to protect workers like you when a workplace accident, injury, or occupational illness happens. Sadly, some employees experience unfair treatment and get inadequate settlements.
Workers’ Compensation Laws in Virginia
The majority of Virginia employers must give their employees workers’ comp coverage. Full-time and part-time employees in the state are covered by workers’ compensation along with seasonal and temporary workers. When you seek worker’s comp benefits, you cannot sue your employer for negligence associated with your work-related injury.
Injured workers in Virginia should notify their employer about their workplace injury or occupational illness within thirty days of the accident. Otherwise, they may not be able to seek the benefits they need. You need to file a worker’s compensation claim with the Virginia Workers’ Compensation Commission. You have two years from the incident to file this claim. The Commission will resolve any disputes associated with worker’s comp claims. It will mediate between the complainant and the employer or insurer. You can have an attorney during the claims process. Usually, employers and insurers also have lawyers representing them.
Kinds of Workers’ Compensation Benefits
Workers’ compensation can provide you with the following benefits:
- Lifetime medical benefits. Through workers’ compensation, you can receive medical care to treat the injury or illness you are suffering from when medically necessary. Your employer can determine your doctor who will treat you.
- Temporary wage replacement. Workers’ compensation insurance will pay 2/3 of your gross average wages per week when you cannot work for 7 days. If you can do a job with a lower wage, you can get 2/3 of the difference between your current and previous wages.
- Permanent partial impairment. You can get compensation for the loss of a certain part of your body or sense.
- Permanent total disability. Workers’ compensation pays lifetime wage replacement benefits if you sustained a serious physical loss in one work-related accident.
As the injured employee, you shouldn’t pay for treatment or equipment related to your workplace injury. Rather, your employer and their insurance must pay your medical bills. Additionally, workers’ comp insurance must pay for long-term care like physical therapy and long-term care services. Your workers’ compensation attorney can educate you about other benefits you may be eligible for.