The Basics of Virginia Workers Compensation

Posted by B. Patrick AgnewMar 24, 20230 Comments

Have you been injured at work? Are you wondering what your rights are when it comes to workers compensation in Virginia? Knowing your rights is essential for protecting yourself and getting the compensation you deserve. So, let's take a look at five things you should know about workers compensation in Virginia.

You Are Eligible for Workers Compensation if You Were Injured on the Job – If you were injured while performing your job duties and that injury "arose out of your employment" then you may be eligible for workers compensation benefits in Virginia. Depending on the circumstances of your case, this may include injuries that may have occurred while commuting or during an offsite business trip.

You May be Entitled to Medical Benefits – Under Virginia law, employers are required to pay for all medical bills related to a workplace injury or illness, including hospital stays, doctor visits, medications, and physical therapy sessions if an Award Order has been entered by the Virginia Workers Compensation Commission for the injury or illness. Employers must also reimburse employees mileage and prescription reimbursements.

You May Be Entitled to Lost Wages – If your injury is so severe that it prevents you from returning to work for a period of time, then you may be entitled to lost wages benefits until you can return to work. These benefits will cover up to two-thirds of your pre-injury weekly wages before taxes up to a set amount that is determined by the state of Virginia each year.

You Must File a Claim Within Two Years – While there are some exceptions, If you wish to file a claim for workers compensation in Virginia, then your claim must be filed with the Virginia Workers Compensation Commission within two years of the date of the accident. Failing to do so could result in your claim being denied and losing out on much needed financial support during this difficult time.

Filing a workers compensation claim in Virginia is a process that requires an understanding of the relevant state laws, as well as knowledge of the steps involved. To begin, you must file an Employee's Claim for Compensation with the Virginia Workers' Compensation Commission (VWC) or send a detailed letter that complies with the claim requirements. Your submission must be filled out completely and accurately, including all details regarding your accident, injuries, wages and what you are claiming.

You Have Legal Rights – As an injured worker in Virginia, you have certain legal rights which include filing a claim has been denied by the insurance company or seeking additional compensation if your employer or the employers insurance company fails to provide adequate medical care or lost wage payments during recovery period. Consulting with an experienced workers comp attorney can help ensure that those rights are protected and that any appeals process goes smoothly .

 Being injured on the job can be stressful and confusing—but understanding your rights under Virginia's worker's compensation laws can make navigating this difficult process easier and help ensure that you get the financial support that you need during this difficult time. We hope that this overview has provided some clarity on what those rights are and how they can best be exercised should they become necessary.