All employers in Virginia (with three or more employees) must have workers’ compensation insurance. This is a no-fault insurance, which means you can claim benefits regardless of fault. That said, if you injured yourself intentionally, your claim will most likely be dismissed. The compensation will be paid by the insurance company, and negotiating with the claims adjuster can be harder than you think. That’s precisely why you should consider hiring a Virginia Workers’ Compensation Lawyer. In this post, we are sharing more on the basics related to filing a claim for injured workers.
- Report your injuries. No matter the circumstances, you should inform your employer/supervisor of the workplace accident and your injuries. While this should be done as promptly as possible, you have 30 days as per laws in Virginia. If you miss the deadline, your workers’ compensation claim is likely to be denied.
- File the claim. Just informing your employer is just one part of the job. You have to complete and submit the claim form to get workers’ compensation benefits. Like other states, Virginia also has a statute of limitations, which allows two years to file workers’ compensation claims, from the date of injury. It is still advisable to complete the formalities as soon as possible.
- Fault doesn’t matter. Like we mentioned, unless you have injured yourself intentionally at work, you can claim workers’ compensation benefits after a job-related accident. Note that you can claim the benefits, no matter whether your employer was at fault or not. Also, you cannot sue your employer directly for work-accident injuries in the state.
- Understanding the benefits. Every claim is unique, but as an employee, you have your rights. Your workers’ compensation settlement will cover for your medical bills, lost wages, and lost future income. The worth of your claim depends on your injuries and losses.
- You have the option to appeal. What happens if the insurance company denies your claim? Or what if the offer is way less than what you rightfully deserve? In such circumstances, you may have the right to appeal.
Considering that the workers’ compensation laws can be hard to understanding, hiring a lawyer is your best bet. Work injury lawyers in Virginia Beach know what it takes to handle such claims, and they will negotiate with the insurance company on your behalf. Don’t step back from checking reviews for hiring the right lawyer.