Understanding the process for filing a claim for workers’ compensation insurance is extremely important when you are injured on the job in Virginia. At the firm of Hampton Injury Law, PLC, our experienced Virginia workers’ compensation attorney can help you to file your claim and get the benefits that you deserve.
Perhaps the most important thing that you need to do after you are injured on the job – in addition to seeking emergency medical care if your injuries are serious – is to notify your employer of the accident. If you do not notify your employer of the accident, you may be denied benefits. Virginia workers’ compensation law requires that you notify your employer of your accident and injuries as soon as possible, but no later than 30 days from the date that the accident occurs.
After you tell your employer about your injury, your employer is required under law to report the accident with the Workers’ Compensation Commission within 10 days. However, you should also file a claim with the commission directly in order to ensure that notice of your accident is given. You have up to two years from the date of your accident to file a claim with the commission; if you wait longer than this, you will be denied benefits.
You are entitled to the full value of your medical expenses related to your injury, including costs of medications, testing, physical therapy, and more. Depending upon for how long you have to miss work, you may also be entitled to compensation for lost wages. However, compensation for lost wages will not begin until the eighth day that you miss work. As such, if you only are out of work for five days, you cannot recover benefits for lost wages.
Further, lost wages are not compensated at 100 percent of your average weekly wage (medical benefits are paid in full). Instead, wage recovery is paid at a rate of 66 ⅔ percent of your average weekly wage up to the state maximum reimbursement amount. This approximates your regular net pay, after deductions, because the wage benefits are calculated from your gross average weekly wage (before taxes, etc.).
At the firm of Hampton Injury Law PLC, our workers’ compensation attorney and staff know how scary being injured on the job can be. You may have questions about how your employer will respond, whether or not they can retaliate against you for filing a claim, and what types of compensation you are legally allowed to recover. You may also have questions about what happens if your claim is denied, or you are told you need to return to work before you believe your injuries have healed.
Our skilled workers’ compensation lawyer will competently guide you through the process of getting the benefits you deserve. We can help you to appeal a denied claim, prove that you need more time off of work, and stand up for your rights if your employer retaliates. To learn more about our services, schedule a free consultation with us today by filling out the online form found on our website.
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