5 fundamental facts to know about workers’ compensation claims in Virginia
After a work injury, you may have many things to manage at once. The financial losses may surpass your expectations, and you probably need weeks or months to recover from the impact. While you are probably entitled to workers’ compensation benefits as per Virginia laws, you may have a hard time understanding the claims process. Instead of relying on coworkers, consider talking to a proficient lawyer who has been handling similar claims and works extensively for injured workers. In this post, you can learn more about five fundamental facts to know about workers’ compensation claims in Virginia.
- You need to report your injury. It is your duty as the injured worker to notify your employer or supervisor in writing about the accident. As per the state laws, you must do that within 30 days, or you could lose your right to recover workers’ compensation benefits. Please note that you can still get the anticipated benefits if you fail to report the injury on the same day as it happened.
- Your fault or role in causing the accident is not relevant. The workers’ compensation system is not based on fault. Even if you were careless, you might still have a valid claim. The ideal way to determine eligibility is to talk to a skilled attorney. Ask the lawyer about your rights and the expected benefits you can recover.
- You cannot sue your employer. Even when there is evidence that the employer was reckless or didn’t care as much for safety precautions, you cannot typically sue the company for a work injury. It’s a trade-off of sorts, where employers enjoy immunity against direct lawsuits from injured workers.
- You should still file the Claim Form. When the insurance company is paying the medical bills, you may assume that you are covered, which is not always the case. You need to get an Award for lifetime medical benefits, for which you must complete the Claim Form with the Virginia Workers Compensation Commission.
- The insurance company is NOT going to help you. No matter how nice they are, the adjuster works for the insurance company and doesn’t care for you. Never say anything that can go against you, and let your attorney negotiate the terms and benefits with the insurance representative.
Look online for more details about top-rated lawyers for workers’ compensation claims in Virginia, and schedule a FREE consultation session. A good lawyer can also share the dos and don’ts you must follow.