A Guide to Virginia Workers’ Compensation Rules

You dedicate countless hours of your life to your job. So when you suffer a serious injury at work, you deserve to have your medical bills covered and receive compensation for lost wages.

The workers’ compensation system in Virginia is designed to speed up the process of receiving benefits, but it’s still possible for your claim to be denied. Here’s an overview of Virginia workers’ compensation rules and how to maximize your chances of a successful claim.

Who Is Eligible for Workers' Compensation in Virginia?

Most Virginia employers carry workers’ compensation insurance. Generally speaking, businesses with more than two employees must have coverage. However, smaller companies may elect to obtain coverage as well.

Types of Injuries and Illnesses Covered Under Virginia Law

Virginia law covers many work-related illnesses and injuries, but not all. For instance, overuse injuries (with the possible exceptions of carpal tunnel syndrome and hearing loss) generally aren’t covered.

To qualify for workers’ comp, injuries must:

• Happen at work
• Occur at a (reasonably) definite time
• Be the result of a specific activity

There are also restrictions on occupational diseases. For a work-related illness to qualify for workers’ compensation, it must have been directly caused by work, and it may not involve the neck, spinal column, or back.

What Benefits Are Available Through Workers' Compensation?

Workers’ compensation benefits are payable seven days after an injury. They include:

Medical Treatment and Coverage

Workers’ comp will pay for medical care, medication, and rehabilitation for your injury.

Wage Replacement Benefits

Depending on the nature of your injury, you might receive partial or full replacement of your typical wages.

Disability and Permanent Injury Compensation

If you suffer partial or complete disability due to a work injury, you may be entitled to lifelong disability benefits.

Death Benefits

If you’re killed in a workplace accident, workers’ compensation may cover your funeral costs, pay survivors’ benefits to your dependents, or both.

Steps to Take After a Workplace Injury

If you suffer a work injury, it’s imperative to take the following steps to protect your health and your ensuing claim:

• Report the injury to your employer in writing
• Seek medical attention
• Document the scene of your injury (if possible)
• Document your injuries
• Keep copies of medical bills and medical records
• Consult a qualified attorney
• File a workers’ compensation claim

Virginia workers’ compensation rules require you to report your injury within 30 days if you intend to file a workers’ compensation claim. However, it’s best to report immediately.

How to File a Workers' Compensation Claim in Virginia

To file a claim, you must fill out a standardized form that includes the following information:

• Contact information for you and your employer
• Details about your injury
• How the injury occurred
• The benefits you’re requesting

You have several options for filing your claim form:

• In person at a Workers’ Compensation Commission office
• Online
• By mail
• By fax

Once you file your claim, your employer’s insurance carrier will investigate and decide whether to cover your injuries.

What to Do if Your Workers' Compensation Claim Is Denied

Virginia has a clear procedure you must follow if your claim is denied. Here are the steps involved:

Submit a Hearing Request to the Workers’ Compensation Commission

Your employer or their insurance carrier might deny your claim. However, the state’s Workers’ Compensation Commission has the ultimate authority to decide whether your employer must pay you benefits. If you receive a denial notice, you must send the Commission a written request for a hearing.

Prepare for the Hearing

While you aren’t required to have a lawyer represent you at your hearing, working with a workers’ comp attorney might improve your chances of a positive outcome. At the hearing, you’ll be expected to provide evidence that your injury resulted from your work. The following are all common types of evidence:

• Personal testimony
• Testimony from doctors and other expert witnesses
• Medical reports
• Proof you’ve sought work if released for light duty

If you retain a lawyer, your attorney can guide you through the preparation process.

Attend the Hearing

At the hearing, your lawyer will present your evidence and argue your case. The Workers’ Compensation Commission will decide whether your employer must pay you benefits or not.

File a Request for Review if Necessary

If the Commission decides you aren’t entitled to benefits, you may still have recourse. If you believe the Commission’s decision was unjust, you have 30 days to request a formal review.

When You Should Hire a Workers' Compensation Lawyer

Ideally, you should contact a workers’ comp attorney immediately after you suffer a work injury. Workers’ compensation lawyers commonly assist employees whose claims have been denied, but a lawyer may also be able to help you get your claim approved the first time around.

FAQ

Do All Virginia Employers Have Workers’ Compensation Insurance?

No. Virginia workers’ compensation rules only require employers with more than two employees to have coverage.

What Does Workers’ Compensation Cover?

Workers’ compensation benefits will cover your medical care and pay you a portion of the wages you’ve lost. If you have an ongoing disability, you may be eligible for lifetime benefits.

What Should I Do if My Workers’ Compensation Claim Is Denied?

If your claim is unsuccessful, contact a workers’ comp lawyer immediately. An attorney may be able to help you appeal the decision.

The Right Representation Matters if You’ve Been Hurt at Work

One of the most important things you can do for yourself after suffering a workplace injury is to contact a workers’ compensation lawyer. However, not just any attorney will do — you need someone with the necessary experience to build a strong case on your behalf.

At Commonwealth Law Group, we’re committed to standing up for injured workers, and our results reflect that. Contact us today to arrange a free consultation.