Workers’ Compensation

After an injury on the job there are several important factors to consider and actions that need to be taken

Practicing Professionals

Stephen A. Strickler

Overview

Injured on the job? After an injury on the job there are several important factors to consider and actions that need to be taken. What you should know and do:

  • Report your injury promptly to your employer or your direct supervisor. The law in Virginia requires that you make that notification to your employer of an accident within 30 days from your injury date.
  • Seek immediate medical attention. If your employer does not offer that attention you should seek medical treatment, either at the emergency department, if it is a very significant accident, or from your family physician as soon as you can. Your employer should provide you with a list of at least three doctors from whom to choose to begin treating your work injury.
  • Be sure your employer reports your accident to their workers’ compensation insurance carrier. The workers’ compensation insurance carrier’s representative would likely contact you, sometimes within several day and usually within a week after the accident. If that does not occur it is possible that your employer has not reported this accident to their insurance company, or possibly have not reported your claim to the Virginia Workers’ Compensation Commission.
  • If, indeed, there has been no reporting or otherwise you receive no contact from your employer’s workers’ compensation insurance company, then you might likely need to file a claim with the Virginia Workers’ Compensation Commission. There is a claim form available on their website, www.workcomp.virginia.com.

The workers’ compensation claims in Virginia are handled through the Virginia Workers’ Compensation Commission in Richmond. There is also a regional office in Virginia Beach which handles claims from east of Williamsburg, the Eastern Shore, east of Emporia and the Norfolk, Portsmouth, Chesapeake, Virginia Beach, Newport News and Hampton city areas. There are three judges locally that hear contested claims from those localities.

Problems And Implications

  • Legal Requirements for Workers’ Compensation Claims : Even if the workers’ compensation insurance carrier begins paying you benefits, you still have an obligation to file a claim within two years of the date of your accident. If you had an accident and have not filed a claim, or if your claim has been denied, it is important that you take the steps of filing a claim with the Virginia Workers’ Compensation Commission. You can file a claim by delivering the claim form directly to the regional office or directly to the Virginia Workers’ Compensation Commission in Richmond by mail, fax or through their website.  
  • What To Do If Your Claim Is Denied: If your claim is denied, you feel you are receiving benefits slowly and/or having difficulty getting approval for medical treatment, then it is likely that you may need the assistance of our experienced workers’ compensation team. With over 75 years of experience handling workers’ compensation claims for injured workers we have the experience, know how and ability to handle your claim. We provide a free consultation with one of our attorneys with no obligation on your part to retain our services. If you were to retain our services, our fees are determined by the Virginia Workers’ Compensation Commission, either in Richmond or by a local judge, if your claim requires referral to the hearing docket in your locality.

Solutions

What Benefits Should Be Provided by the Workers’ Compensation Insurance Carrier?

If your doctor takes you completely out of work you should be entitled to receive what are known as temporary total disability benefits. Generally, that is 66 2/3 of your gross weekly wage to be paid to you, tax free, weekly, or sometimes bi-weekly, by the insurance carrier.

You are also entitled to medical benefits which would include all treatment that is directly related to your work injury. The medical benefits not only provide for treatment by medical professionals but cover costs for transportation, prescription medications and other medical benefits.

Please contact our firm immediately to meet with a skilled and experienced lawyer today. Our attorneys are always willing to help with your legal issue, no matter how big or how small.

Call us at: 757-486-7055 or email us at info@inmanstrickler.com

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