The number of nonfatal workplace injuries and illnesses has decreased since 2003, but the frequency of these incidents is still disturbing. The U.S. Bureau of Labor Statistics reveals that there were 2.9 million workers hurt in on-the-job incidents in 2016. If you are a victim, you suffer beyond the pain through lost wages and costly medical care. The financial implications for your household can be severe.
For almost 30 years, Virginia workers’ compensation Attorney Jan Hoen has been protecting the rights of injured employees. From filing the proper forms to representing you in administrative proceedings, he is dedicated to ensuring that you obtain the benefits you are entitled to by law. Please contact Hampton Injury Law to schedule a free consultation, and read on for some helpful information about workers’ compensation.
The Virginia Workers’ Compensation Act requires most employers to carry a type of insurance that will pay out monetary benefits to qualifying workers who are injured in workplace accidents. The program is intended to promptly pay benefits to employees, instead of forcing them to go through civil litigation proceedings. Court cases are costly, time-consuming, and require a showing of fault. The workers’ comp system avoids these challenges.
However, in lieu of getting benefits quickly, you are precluded from filing a personal injury lawsuit. A workers’ comp claim is your sole remedy, unless you are hurt due to employer misconduct or the negligent acts of a third party. You can also proceed in a civil lawsuit if your employer fails in the legal obligations to carry insurance coverage.
Not all employees are eligible to receive benefits, and not all workplace incidents are covered by workers’ comp laws. Therefore, you must:
Many dangerous conditions exist in the workplace and, despite the exercise of care, these hazards can cause on-the-job accidents. Some of the more common scenarios include:
This summary of Virginia workers’ compensation laws is useful, but there can be issues as to how these general concepts apply to your specific situation. You can also face challenges if there is a dispute or denial of your claim, either by your employer or the insurance company. If you have questions about a workplace injury in Gloucester, VA, please set up a free consultation at Hampton Injury Law by calling 757.838.1136 or sending a message online. Workers’ compensation Attorney Jan Hoen can advise you on your legal options after reviewing the details of your case.