Unfortunately, being injured on the job is a relatively common occurrence in Virginia. When someone is injured while working, they may be eligible for workers’ compensation. This is a form of liability insurance that is required by each state. Different states have different workers’ compensation laws, but those in Virginia are relatively straightforward. The Virginia Workers’ Compensation Act states that the injury must have occurred at or during work, caused by a required work activity, and happened suddenly. Therefore, it does not include employee misconduct, injuries sustained from an employer working outside their scope, or gradual injuries. If you are currently in a workers’ compensation case, it may be time to consider a settlement offer.
No two workers’ compensation settlements are alike. They all require different information, so there is no specific rule to what governs workers’ compensation timelines in Virginia. Some factors that play a role in how fast your case is settled include the type of injury that you sustained, if there are any special facts important to the case, and how reasonable the insurance company is. While some cases may take only a short period of time, others may last over a year. You will have the opportunity to deny a settlement and wait to negotiate a higher compensation, too. Some people prefer avoiding the back-and-forth that might be required during negotiations, but others desire as great of compensation as possible. For negotiations of workers’ compensation cases, it could be beneficial to work with a personal injury attorney to negotiate for you on your behalf.
There are three main forms of workers’ compensation settlements. These include full and final settlements, lump sum and open medical payments, or structured settlements. A full and final settlement is most common in Virginia and pays a one-time lump sum to the injured employee. They then forego potential long-term medical benefits. A lump sum with open medical payments also includes a lump sum payment, but it allows the worker to maintain their lifetime medical benefits. Lastly, a structured settlement is paid out over a certain amount of time. A personal injury attorney can help negotiate on your behalf and push for the type of settlement that you desire most.
Just as there are different timelines that it takes to settle a workers’ compensation claim, there are factors that play into how much your total settlement will be. Depending on the type of injury, your average weekly wage for wage benefits analysis, and the leverage that you have, your settlement can vary. To determine how much your settlement has the potential to be, discuss your case with an experienced attorney.
There are many factors that play a role in your workers’ compensation settlement. If you are hoping to have the best outcome possible for your case, consider hiring a personal injury attorney. In Virginia, Hampton Injury Law PLC may review your case and help you get the justice you deserve. Contact us to schedule a case evaluation today and start on your way towards settlement.
Mr. Hoen handled my workman's comp case. He and his staff were outstanding. He took care of every little/big detail needed. He and his staff were there for every question we had. I highly recommend him.
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Attorney Hoen is very professional and easy to deal with. He worked hard on our cases and was successful in winning for us. I highly recommend him.
After months and months of frustration attempting to handle the logistics of my husband’s workers' compensation case, we sought legal counsel from Mr. Hoen’s firm. It was such a relief to have someone with such professionalism and knowledge take the…
Mr. Hoen and his staff have always shown the proper concern and professionalism with every aspect of my case. He has even gone as far as to communicate with me while he was at home or out on holiday. If…
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