4 Common Workers’ Compensation Questions: Answered
The Richmond workers’ compensation lawyers at Commonwealth Law Group consult with and represent many injured workers each year. We hear a lot of questions about Virginia workers’ comp law and how it may impact their claim or subsequent lawsuit. Often, after a worker is injured, they don’t know what to do next. Here, we answer five of the most commonly asked questions claimants ask when they contact us for a free, no-obligation consultation:
1. Is Workers’ Compensation a lawsuit? No – it’s an insurance claim. The Virginia Workers’ Compensation Act was created to provide prompt and fair compensation to employees injured on the job. Therefore, the intent of workers’ compensation is to prevent lawsuits. However, in certain very limited cases, an injured employee may need to file a lawsuit to get the compensation they deserve. As a Richmond workers’ compensation attorney, we will advise you on whether your specific case might become a lawsuit.
2. Will Workers’ Compensation pay me? Generally, yes. If you are injured during the normal course and scope of employment and you are unable to work due to the injury, your employer’s workers’ compensation insurance should pay you lost wage benefits in addition to paying for your medical treatment. A multitude of factors impacts a workers’ comp claim, many of which are complex. We recommend that you call an experienced workers’ comp attorney to guide you through the process.
3. How much are the weekly benefits paid by Workers’ Compensation? It depends on your wages on the date of the injury. In Virginia, workers’ compensation pays two-thirds (66.66%) of your average weekly salary. Assuming that your claim is accepted by your employer and their insurer, if you were making $500 per week before you were injured, you would receive $333.33 per week from the workers’ compensation insurance carrier while you are eligible to receive payments.
4. How long can I collect Workers’ Compensation? In Virginia, the maximum amount of time that you can collect workers’ compensation payments is generally 500 weeks, which is about nine-and-a-half years. However, very few injured workers collect payments for that length of time. The amount of time you will receive payments is limited by your treating doctor’s assessment of your recovery and subsequent ability to return to work. Once your treating physician gives you a full duty release to return to work, you are no longer eligible to collect weekly payments.
If you’ve been injured at work anywhere in Virginia, the Richmond workers’ compensation attorneys at Commonwealth Law Group will advocate for your rights. It’s important to consult with a workers’ compensation lawyer as soon as possible after your injury so that your lawyer can provide you with good legal advice. Call us today at 804.999.9999 for your free initial consultation. Justice starts at CLG.