Workers Compensation Attorney in Newport News

Workplace injuries and illnesses are a reality across all industries in Virginia, but you may not realize the severity of the problem until you review some statistics. According to the US Bureau of Labor Statistics (BLS), there are around 74,600 total cases of nonfatal occupational medical conditions reported every year. For affected employees, these figures amount to 23,800 cases of days away from work and another 15,700 with job transfers or restrictions. The implications that extend to the families and households can also be extreme.

Fortunately, you may qualify to receive benefits under the Virginia workers’ compensation system if you were hurt or lost a loved one in a workplace accident. Because the eligibility rules can be strict, it is wise to count on our team at Hampton Injury Law PLC to assist with the claims process. Please contact us to set up a case evaluation with a workers’ compensation attorney in Newport News, and read on to learn about the basics.

Eligibility for Workers’ Compensation Benefits

Virginia is a no-fault state for purposes of work-related injuries, which means you do not need to prove that your employer was responsible for causing your medical condition. However, you do need to establish that you qualify for workers’ comp benefits. There are multiple factors related to eligibility requirements:

• Employment: You must work for a company that has at least two employees, which triggers the requirement for your employer to carry workers’ compensation insurance. Employees are eligible for these benefits, while independent contractors are not. 
• Nature of Your Medical Condition: Your injury must be caused in an accident that arose out of your employment and occurred while you were working on job-related tasks. If you have an occupational illness, you need to show that the ailment was caused because of conditions at work.
• Deadlines: The laws require you to provide written notice to your employer within 30 days after being injured or being diagnosed with an occupational disease. Plus, depending on your dealings with your employer’s insurance company, you need to keep in mind that you have two years to file a claim with the Virginia Workers’ Compensation Commission.

Challenges in Filing a Workers’ Comp Claim

Even when you believe your rights are clear, you could encounter hurdles when working with a workers’ comp insurer. These companies are for-profit businesses, so they will try to find reasons to deny your claim or pay less in benefits. Our team at Hampton Injury Law PLC will fight allegations that:

• You do not qualify as an employee;
• Your medical condition is not work-related; or,
• You were not hurt badly enough to need medical care or time off work.

Consult With a Workers’ Compensation Attorney in Newport News

As you can see, there are numerous challenges you could encounter when trying to get the benefits you deserve under workers’ comp laws. For assistance with the claims process, please call Hampton Injury Law PLC to set up a no-cost case evaluation. One of our Virginia workers’ compensation lawyers can advise you on your rights after reviewing your situation.