If you are injured in a workplace accident, you initiate the workers’ compensation process by reporting the incident to your employer. Once you do, your employer has a legal obligation to report the matter to the Virginia Workers’ Compensation Commission (VWCC) within ten days. Plus, your employer must notify its workers’ comp insurance company, since companies with three or more employees are required to carry coverage.
However, despite the mandatory duty, some employers will delay in reporting to the VWCC, or may not do so at all. As a result, you may not receive the medical treatment you need or other benefits you are entitled to by law. Fortunately, you have options to address the situation and a Virginia workers’ compensation attorney can help. Some basic information may also be useful.
It is possible that a company could make a mistake or misunderstand the duty to report a workplace injury to the VWCC. When the failure is intentional, there are a few common reasons behind it, such as:
There are situations in which your employer and/or workers’ comp insurer has rightful reasons to deny your claim; plus, both are justified in conducting an investigation into your injuries and the accident. Still, the requirement to report the incident to the VWCC within ten days stands. By not filing the necessary documents in a timely manner, your employer could delay your benefits.
If you know your employer is not reporting or you get the sense that the company is engaging in delay tactics, you can take action to enforce your rights. Your first priority should be consulting with an attorney, but you should also:
If your employer is trying to undermine your rights after a workplace accident, it is essential to get legal help as soon as possible. There are time restrictions that apply and, even more importantly, you certainly want to start receiving workers’ comp benefits promptly. For more information about your rights, please call Hampton Injury Law PLC to set up a no-cost case evaluation. A Virginia workers’ compensation attorney can advise you after reviewing your circumstances.