Even though you know that work-related injuries and occupational diseases are a problem in the Virginia workplace, you probably assume that only employees in certain industries are at risk. Data compiled by the US Bureau of Labor Statistics contradict your assumption. In fact, there are around 74,600 workers who suffer from on-the-job medical conditions every year, across all industries and in both private and public entities. If you find yourself in such a position, you are probably already experiencing financial hardship because of medical costs, lost wages, and related losses.
It may come as some relief to know that you may qualify for monetary benefits under Virginia’s workers’ compensation system. However, the process can be complicated, especially if your claim is denied. It is wise to retain experienced legal counsel for assistance, so please contact Hampton Injury Law PLC to discuss your rights. We can set up a free case evaluation with a Virginia Beach work injury lawyer, and you can also read on for some information about the basics.
The relevant state laws protect employees by creating a no-fault system for recovering monetary benefits. You do not need to show that your employer was negligent in causing your injuries or occupational illness, but you do need to show that you qualify under strict eligibility rules. After seeking proper medical care and notifying your employer of your medical condition, your first step is filing a claim with your employer’s workers’ comp insurance company. If approved, you may be entitled to benefits for:
Note that the workers’ comp system is your sole remedy in most cases. You cannot file a civil lawsuit and cannot obtain monetary damages from your employer and others connected with the employment for pain and suffering, subject to some exceptions. Recovery from an outside party, such as in a car accident due to the negligence of another person, will be subject to your employer’s claim for reimbursement of the benefits you receive. This is a complex area of law, which requires an attorney with experience in both types of cases.
Even when your rights seem clear, you could encounter issues in dealing with the insurer. Your claim might be denied or approved for an amount lower than allowed by state workers’ comp laws. At times, the insurance company’s actions are legitimate, such as where you missed key deadlines in filing a claim. However, it is essential to retain an attorney if the insurance company responds to your claim with allegations that:
If you were hurt or developed a medical condition because of work-related conditions, please call Hampton Injury Law PLC to set up a no-cost case evaluation today. A Virginia Beach work injury lawyer can explain your options and how the laws work after reviewing your unique circumstances.