The workers’ compensation system in Virginia is meant to be fair, simple, and helpful for employees. If you get injured at work, you can seek benefits under this no-fault insurance system. All employers in Virginia are required to carry workers’ compensation insurance, and in return, injured workers cannot directly sue their respective employers for a work-related injury. Immediately after getting injured at work, you may have many questions in mind, and it makes sense to talk to a Virginia work injury lawyer to understand the worth of your claim. Below are some of the key aspects worth knowing.
Reporting the injury
Just like your employer is required to have workers’ compensation insurance, you are also required to inform your employer of an injury at the earliest. Suppose you didn’t report the accident on the day it happened. In that case, you can still get the benefits of the workers’ compensation, provided you do so within 30 days from the date of injury (or diagnosis of occupational disease). In your best interests, you should consider informing your employer at the earliest.
Injury and fault
Workers and employees often assume they cannot seek benefits from the workers’ compensation system if they have a share in the fault. As we mentioned earlier, this is a no-fault insurance system. You don’t have to accuse your employer of misconduct or negligence to seek the benefits, and in the same way, you can get compensation for your injury, even when you were at fault. In some cases of workplace accidents, a third-party claim can arise. Talk to your lawyer to know your legal options.
Other things to know
You are required to pursue the workers’ compensation claim with the Virginia Workers Compensation Commission. Don’t be fooled to assume that you are covered because the insurance company is paying for the medical bills. Just because you were at work doesn’t always mean you are covered. In order to get benefits under the workers’ compensation system, the injury must be related to your work. In other words, there must be a direct link between your injury and the work you do. For instance, you cannot expect a settlement if you suffered injuries in a freak trip & fall accident.
Having an attorney on your side is a wise idea because the insurance adjuster is not on your side. Insurance companies don’t care for your injuries or losses, and you need legal advice for your claim.