Virginia Workers’ Compensation Attorney Serving Clients Injured in Work Crashes

If you get hurt while working in Virginia, you should be able to expect that workers’ compensation will cover you. When someone not connected with your employment was negligent, you have multiple options. It is critical to have an attorney experienced in BOTH personal injury AND workers’ compensation to guide you.

When you are in a work crash, there are important issues that need to be addressed quickly with your attorney. Whether you were at fault matters only in a personal injury liability case, not in a workers’ compensation claim. Promptly filing a protective claim with the Virginia Workers’ Compensation Commission is critically important to preserve your right to wage and medical benefits. Deciding when to go forward with the claim will depend on other factors. At Hampton Injury Law, we specialize in work crash cases.

When work travel is clearly within the scope of employment, a worker can be eligible for workers’ compensation benefits. However, sometimes work crashes can be ambiguous, and the claim might be denied. When a person outside your employment is negligent and causes the crash, recovering for pain and suffering is possible in addition to workers’ compensation benefits. As such, it is extremely important to discuss your case with a Virginia work crashes lawyer. At Hampton Injury Law, our firm can work hard to help you receive the compensation you deserve.

Claims for Work Crashes in Virginia?

The Virginia Workers’ Compensation Act governs Virginia workers’ compensation claims. The law makes clear that employees who suffer injuries on the job may be eligible to receive workers’ compensation benefits. But how does the law define on-the-job injuries? This is an important question for employees who get hurt in a work crash while they are traveling.

To be clear, while employees might believe that they were traveling for work, their employer or the Virginia Workers’ Compensation Commission might determine that the travel was not actually within the scope of employment and thus does not count as an on-the-job injury.

What is a Work Crash for the Purposes of Workers’ Compensation?

Some examples of work crashes that typically will count for workers’ compensation include but are not limited to the following:

• Driving that is part of your work duty, such as transporting customers or making regular deliveries
• Making a delivery for your employer even though it is not part of your typical job duties
• Driving, flying, or using another form of transportation for a business trip
• Traveling to a work-related event, such as a company picnic or a retreat
• Driving to or from work in a company vehicle

What types of work travel accidents frequently are not covered by workers’ compensation claims? Some examples include but are not limited to the following:

• Commuting to work in your personal vehicle
• Commuting home from work in your personal vehicle
• Traveling while on your lunch break

A general rule of thumb is that if you are not being paid for the time spent traveling or are not required to do the traveling as part of your job, then any accident that results in injuries may not lead to workers’ compensation eligibility. However, you may still be eligible to receive compensation for your injuries through a personal injury claim or lawsuit. An experienced Hampton workers’ compensation attorney can assess your case and can help you to seek the benefits you need to recover.

Filing Your Workers’ Compensation Claim in Virginia

If you were injured in a work crash for which you may be eligible for workers’ compensation benefits, it is imperative to follow the required steps under Virginia law for obtaining compensation. Employees must abide by these steps:

1. Report the injury to your employer as soon as possible—immediately, if possible, but no later than 30 days after the accident and
2. File your claim with the Virginia Workers’ Compensation Commission no later than two years after the date of your accident.

Seek Advice from a Work Crash Attorney in Virginia

Were you recently injured in a work crash? A Virginia workers’ compensation lawyer can discuss your options with you today. Contact Hampton Injury Law for more information about how our firm can assist with your claim.