According to the US Bureau of Labor Statistics, more than 60,000 people were hurt in private industries in 2017. For 32,000 of these victims, injuries forced them to miss work, transfer, or work with restrictions. Not only does an industrial accident affect your income, but you could also incur huge medical bills to treat your injuries.
Fortunately, you do have legal remedies under Virginia law. You may be able to obtain monetary benefits during this difficult time, but eligibility rules are strict. For more information on filing a claim, please contact Hampton Injury Law PLC to schedule a free consultation. A Williamsburg industrial accident attorney can assist with all stages of the process.
State law requires companies to carry workers’ compensation insurance if they have more than two employees on staff. Therefore, if you are hurt in an industrial accident, you would file a claim for benefits with your employer’s workers’ comp insurer. You do not need to prove that your employer did anything wrong or was negligent; however, you must qualify according to the factors described below.
Filing a workers’ compensation claim is your only remedy when you are injured in an industrial accident or other workplace incident. There are three exceptions to this rule, so you can resort to litigation if:
To obtain monetary benefits, you must qualify under Virginia’s workers’ comp laws. The specific rules are complex, but the general requirements are:
In addition to the eligibility rules, you must also comply with critical deadlines when filing a workers’ comp claim after an industrial accident. The first applies to the written notice you must provide to your employer regarding your injuries, which you need to submit within 30 days. In the notice, you should include such information as:
A second key deadline may be important if your workers’ compensation claim is not approved by the insurance company. You have two years from the date of your industrial accident to take your claim to the Virginia Workers’ Compensation Commission.
If you were hurt in a workplace accident, please contact Hampton Injury Law PLC to set up a no-cost case assessment. A Williamsburg industrial accident lawyer can explain eligibility and help guide you through the Virginia workers’ compensation process.