The U.S. Bureau of Labor Statistics reports that there were more than 60,200 accidents in Virginia private industries in 2017. More than half of these resulted in the injured victim missing work days, being transferred, or working with restrictions. The financial toll is considerable and can affect the entire family.
Fortunately, state law does provide you with rights if you were injured in an industrial accident. To learn more about what you can do, please contact Hampton Injury Law PLC to schedule a free case evaluation today with an Isle of Wight County industrial accident attorney.
Under Virginia law, any employer with two or more workers must carry workers’ compensation insurance to protect personnel in the event of an injury-causing accident. The current workers’ compensation system is a great improvement over the previous route for employees who were hurt in on-the-job incidents, which was to file a personal injury lawsuit. Today, you do not need to show that your employer was at fault, but you do need to meet the qualifications described below.
You should note that workers’ comp is often your sole remedy when you are hurt at work. The laws prohibit you from filing a civil lawsuit unless:
While fault is not a factor, there are strict rules under the workers’ compensation laws. To qualify for benefits:
In addition, your medical condition must be one that you sustained in the workplace while performing job-related tasks. You may qualify if your injuries were caused by a specific activity, or if you were hurt due to a sudden event or accident.
Besides eligibility rules, there are certain deadlines and timing issues when filing a Virginia workers’ compensation claim. You must provide your employer with a written notice regarding your work-related injury within 30 days, including:
In addition, you should be aware of another deadline that may apply if your claim is not approved by your employer’s workers’ compensation claim. The law allows you two years from the date of the accident to file documents with the Virginia Workers’ Compensation Commission.
If you were injured at work and want to know more about your legal options, please contact Hampton Injury Law PLC to schedule a no-cost case evaluation with an Isle of Wight County industrial accident lawyer.