Law

Virginia workers’ compensation system: Don’t miss these pointers

A few things in life are as overwhelming as a workplace injury. Employers, no matter the industry, are required to pay for workers’ compensation insurance in the state of Virginia, or else they may face penalties. Following an injury, you should consider consulting an Ashburn workers compensation attorney to know your claim. While your employer can file their own report and submit the same to the insurance company, you are required to complete the Claim Form and submit the same with the Commission. Below are some key pointers about the Virginia workers’ compensation system that you need to know.

Fired from the job after an injury

Employers in Virginia enjoy immunity to an extent when it comes to workplace accidents. An injured worker cannot sue their employer because of the accident. However, there are aspects to this. What happens if you are fired from the job because of your injury or because you filed a workers’ compensation claim? In such circumstances, you would file a lawsuit against your employer, and if you are successful, you could recover damages, including the fee of your attorney. Your employer may, however, fire you for other reasons, such as misconduct. 

Filing the claim

As we mentioned earlier, you are responsible for pursuing your claim and must complete and file the Claim Form with the Virginia Workers’ Compensation Commission. Just notifying the Commission is not enough either. The burden of proof is also on you. You must submit medical records related to your injury along with notes that show the work restrictions. Evidence that can help include pay stubs before the injury, footage of the accident, and testimony from workers or people who were at the site when the accident happened 

Should you get a lawyer?

The short answer is yes. Let’s get the facts right – You can file your workers’ compensation claim on your own, but if you don’t understand how this no-fault system works or your rights, hiring a lawyer is your best bet. Attorneys know what it takes to pursue a claim and would do anything possible to ensure that you don’t settle for less. If your workers’ compensation claim is denied, which happens quite often in Virginia, your lawyer can evaluate if you should pursue the claim further. Not to forget, they will make sure that the paperwork is done right and the deadlines are met. 

Report your accident/injury to your employer within 30 days to qualify for workers’ compensation benefits.

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