Though there has been a decrease in the number of nonfatal workplace injuries and illnesses over the last dozen years, the U.S. Bureau of Labor Statistics reports that there were still 2.9 million employees hurt at work in 2016. Injured workers are faced with many challenges, including expensive medical treatment, being unable to work, and the process of healing.
Virginia workers’ compensation Attorney Jan Hoen empathizes with the tough position you are in after being injured in a workplace accident. For almost 30 years, he has been assisting clients throughout the claims process, so he is dedicated to ensuring you get the full benefits allowed by state law. Please contact Hampton Injury Law to schedule a free consultation, and check out some information on how the process works.
Under the Virginia Workers’ Compensation Act, most employers are required to purchase a type of insurance that is intended to provide workers with monetary benefits if they suffer injuries in the workplace. Qualifying employees can file a workers’ compensation claim and promptly receive benefits, without needing to show that the employer was at fault for the injuries caused by the accident.
The trade-off is that you cannot sue your employer in court for personal injuries. Workers’ comp benefits are your sole remedy, with certain exceptions. You may still file a lawsuit for intentional misconduct by your employer, negligence by a third-party, or failure to carry proper insurance coverage.
Not all workplace injury scenarios allow an employee to receive workers’ compensation benefits. Your employer must be one that is required to carry insurance, and you must be a qualifying worker. Independent contractors are not eligible, though the facts of the work relationship are the determining factor. Plus, the accident must have occurred under certain circumstances:
If you are eligible to receive workers’ compensation benefits and file the proper paperwork, you can obtain lifetime medical benefits for medical care linked to your injuries. You may also qualify to receive wage replacement benefits to support your needs and those of your household while you are unable to work. Depending on your circumstances you may be entitled to:
In the event of a fatal accident, the employee’s beneficiaries may qualify for death benefits, including coverage for the costs of funeral and burial services.
This overview of Virginia workers’ compensation laws should be helpful, but the information is no substitute for knowledgeable representation from an experienced attorney. For more information on workers’ comp claims in Carrollton, VA, please contact Hampton Injury Law at 757.838.1136 to set up a free consultation with Attorney Jan Hoen. You can also set up an appointment by filling out an online appointment request.