Williamsburg Work Injury Attorney

If you are hurt in a workplace accident, it is likely that the physical pain will be forefront in your mind. However, in the days and weeks that follow, you will soon feel the financial crunch. On average, injured employees are out of work for four days following such incidents, according to the Annual Report for 2018 prepared by the Virginia Workers’ Compensation Commission (VWCC). As you are losing wages for time away, you could also be incurring considerable bills for medical treatment.

Virginia’s workers’ compensation system is designed to protect your interests in such a situation, by providing you with monetary benefits to help you get back to work. The claims process is not easy, and any delays in payment can have severe implications, so it is smart to work with a Williamsburg work injury attorney. Please contact Hampton Injury Law, PLC to set up a free case evaluation regarding your rights. 

Summary of Virginia Workers’ Comp Laws 

Unlike other personal injury cases where you need to prove negligence on behalf of the responsible party, you do not need to show that your employer was at fault. Instead, you need to file a claim with your employer’s workers’ comp insurance company, since all companies with two or more workers must carry this type of policy. Eligible workers can obtain monetary benefits promptly upon approval.

There are two important points to note about state workers’ comp laws:

• You cannot recover for your pain and suffering through a claim; and,
• You are not allowed to file a lawsuit in court against your employer since workers’ comp is your only remedy by law. There are exceptions for accidents caused by a third party or your employer’s intentional conduct, and when your employer defies the legal requirement to carry insurance. In such situations, you can sue in civil court for damages – including pain and suffering.

Benefits for Qualifying Workers

Most employees are eligible for benefits if they are not independent contractors, and their employer has two or more workers. If you qualify, you may receive:

• Benefits to cover your medical expenses, both now and in the future;
• Wage replacement for your lost income while you’re out of work; and,
• Vocational rehabilitation, if you need educational training to get back to work.

Plus, family members of a qualifying employee may be able to recover monetary benefits if the worker dies as a result of workplace conditions.

Legal Pitfalls with Workers’ Comp Claims

You may encounter challenges when filing a workers’ compensation claim with your employer’s insurer, even when your case seems solid. The insurance company may dispute your status as a covered employee or contest the nature of your injuries. For these reasons, it is essential to retain a qualified lawyer right away after you were hurt. 

Rely on a Williamsburg Work Injury Attorney for the Claims Process

For more information on the claims process and obtaining benefits for your work-related injuries, please call Hampton Injury Law, PLC to schedule a no-cost case evaluation. One of our Williamsburg work injury lawyers can explain the claims process and assist with filing requirements after reviewing your circumstances.