Virginia Workers’ Compensation Attorney

Anyone can be injured on the job at any time. In many circumstances the medical costs associated with on-the-job accidents are covered without litigation; however, there are other times where the process can devolve into arduous court battles that require the skills and deft approach of a dedicated workers’ compensation attorney. If you have been injured on the job in Virginia and need to protect yourself, contact a well-qualified workers’ compensation attorney as soon as possible. We do not handle these cases but we can help you find an attorney.

From 2011 to 2012, there were nearly 9,500 work-related injuries reported to the Commonwealth of Virginia. The injuries occurred at different times of day, though the timeframe for the greatest number of injuries during that yearlong period appeared to be between 8:00 am and noon. Most of the injuries involved employees with less than two years on the job and a greater number of men filed claims than women, roughly 55 percent compared to 45 percent respectively. For more statistical information, click here to view a pdf copy of the Commonwealth’s annual industrial clams report.

What is Workers’ Compensation in Virginia?

Workers’ compensation is the area of the law that is meant to cover the majority of injuries that occur on the job or are related to an employee’s work. The purpose of workers’ compensation law is to provide compensation for injured workers. In almost all cases the workers’ compensation laws in Virginia provide an employee’s sole remedy against their employer, which keeps many cases out of the regular court system by setting up rules to be followed by employees and employers when an injury occurs on or as a result of a job.

Through workers’ compensation, many employees who suffer injury or illness on the job may receive disability payments or coverage for their medical bills via their employer’s workers’ compensation insurance. Nearly all employers in Virginia – e.g. those who regularly employee three or more people, including part-time employees — are required to have this insurance under state law. There is a trade-off for employers here in that they typically do not have to pay damages for pain and suffering or other non-economic damages that are frequently included in most personal injury lawsuits.

What are the Elements of a Workers’ Compensation Case?

Employees seeking workers’ compensation generally do not have to prove that their employer was negligent in order to collect damages for injuries that take place on the job or related to their work. Rather, the employee has to prove that the accidental injury happened at work.

What this means is that many injuries, such as a fall that was not due to hazardous conditions or an unforeseen equipment failure, would be covered by workers’ compensation insurance if the injuries happened to an employee who is on the job or who is acting in accordance with his work duties. For example, if you are a nurse and injure your back lifting a patient from a gurney, you may be able to qualify for a viable workers’ compensation claim in Virginia even thought this a standard requirement of the job and your employer may not have acted negligently. In return for your workers’ compensation payment, however, you generally would not be able to sue your employer for any other harms and losses suffered as a result of the injury, even if your employer negligently caused your injuries.

What Types of Injuries Qualify for Workers’ Compensation?

Workers’ compensation covers all sorts of injuries, from relatively minor cuts and bruises to fatalities. If you are a cook and are burned on the job, you are just as entitled to workers’ compensation coverage as a construction worker who falls from a building site. Your employer must cover all injuries, from mild to severe, and they do not have a say in which injuries are covered, as long as you meet the criteria needed for a successful claim.

What Can I Collect in Virginia?

What you can collect is set forth under Virginia workers’ compensation law. It is meant to compensate you for your medical bills and direct loss of income. When you have a successful workers’ compensation claim, you should be able to collect for current as well as future medical bills and a portion of either your entire wage, or the amount your salary was lowered as a result of your illness or injury. The specific amount you can collect depends on various elements of your case.

Why Call a Workers’ Compensation Attorney?

Though you may think the workers’ compensation claim process if relatively straightforward and easily pursued, it can – in reality – be extremely complex and stressful. While making statements to an insurance adjuster or your employer, you could inadvertently limit the amount of your claim, particularly if you don’t realize the scope of your injury or are unaware of future complications. It is always best to contact an attorney before giving any recorded statement. There may also be time limitations according to Virginia law that can affect your claim. These deadlines can be difficult to meet if you are still on the mend and struggling to function as a result of your injury or illness.

Unfortunately, many employees are forced to fight their employer’s claims that they were either not that seriously injured, that they were not, in fact, full-fledged employees (as opposed to independent contractors), or that they were not injured while at work or engaged in work duties. All of these scenarios might require legal representation from a keen litigator who is prepared and well-equipped to fight for your rights. Although we do not handle workers’ compensation in Virginia, we can help you find an attorney who can help.