Breaking Down How a Work Injury Lawsuit Works

Every employee in Virginia has the right to be protected from workplace accidents and illnesses. Under the Virginia Workers’ Compensation Act, injured workers may be eligible for compensation benefits. These laws are designed to make out-of-court settlements easier and to provide injured employees with swift financial relief for their injuries.

If you or your loved one has sustained injuries while on the job, you may file a workers’ compensation claim in Virginia to receive compensation benefits. Unfortunately, your employer's insurance company may deny or limit your benefits after sustaining workplace injuries. They may also delay paying your benefits after a successful claim.

In such instances, you may file a claim work injury lawsuit with the Virginia Workers’ Compensation Commission (VWC) to receive workers' comp benefits. A workplace injury attorney can help you if your employer or their insurance provider delays, denies, or limits your compensation benefits.

How a Work Injury Lawsuit Works

Personal injury lawsuits differ. Your workplace accident may not be the same as that of another worker. If you are injured while on the job, workers’ compensation laws can protect your legal rights and interests. Speaking with a Virginia workers' compensation attorney is the best decision if you want to file a claim for benefits after they deny your claim.

Report Your Injury to Your Employer

After sustaining job injuries, you should immediately report your injury to your employer. To receive workers’ compensation benefits for your injury at work, you need to notify your employer about your injury as soon as possible, but no later than 30 days from the date of the injury. This deadline also applies for 30 days after your doctor informs you that you are suffering from a work-related injury.

If you don't report your injury to your employer within 30 days in Virginia, you may lose your right to file for workers' compensation benefits.

Get Medical Care for Your Work-Related Injuries

Seeking medical treatment after a workplace accident is important. Typically, insurance companies have approved medical facilities and doctors that they recommend to injured workers. Never disregard medical treatment after an accident.

If your accident requires emergency medical treatment, remember to inform representatives at the emergency care facility that your injury is work-related. 

In the event your employer or their insurance provider doesn't respond to your medical treatment request, you can reach out to the VWC for assistance.

Wait on Workers Compensation Insurance Company Investigations

Once you sustain injuries at work and report the accident to your employer, your employer must file a First Report of Injury (FROI) to notify the Virginia Workers’ Compensation Commission about the workplace injury.

Your employer must also notify their insurance company about the accident. Investigators and claims adjusters from the insurance company will look into your case to determine its validity. They will try to find reasons to limit or deny your compensation. Remember, insurance companies are businesses that always want to protect their profit margins.

Investigations may unearth details that may affect your claim, such as:

• Pre-existing conditions
• Repetitive injuries over an extended period of time
• No witnesses during the injury
• Disregard seeking medical attention or following the doctor's orders
• Inconsistencies in the account of the worker's events

Unfortunately, not every injured worker in a workers' compensation claim receives benefits. If you don't receive Virginia workers' comp after your injury, you should immediately contact a workers' compensation lawyer. You have the right to dispute the insurer's decision by filing a work-related accident claim with the VWC.

Make a Workers' Compensation Claim With the Commission

Led by three commissioners, a chief deputy commissioner, and an executive director, VWC's mandate is to serve injured workers, and employers. Its mission is to resolve disputes in Virginia workers' comp claims.

You can complete the Claim for Benefits Form and deliver it to the commission in person, by mail, fax, or by web file. A Virginia workers' compensation lawyer can help you file your claim on time, indicating the benefits sought. Once the commission receives the claim, a 20-day order will be sent out to all involved parties.

Compensation benefits available may include:

• Payments for all necessary, reasonable, and authorized medical care
• Permanent or temporary wage replacement benefits
• Vocational rehabilitation benefits
• Mileage reimbursement
• Permanent partial disability benefits for injuries like disfigurement, amputation, loss of vision, or scarring
• Death benefits for dependents
• Settlement — if parties reach such an agreement 

Find a Personal Injury Lawyer to Help With Your Workers’ Compensation Claim 

A workers' compensation claim in Virginia is a complex process to handle on your own while recovering from a workplace injury or illness. This claims process isn't something you should have to go through alone.

With the help of a reputable workers' comp law firm from Virginia, you can receive the compensation benefits you deserve for your workplace accident. 

The legal team at Commonwealth Law Group is ready to guide you through your work injury lawsuit. Contact our Virginia workers' compensation lawyers today to find out if you have a case. We are prepared to appeal any denial and pursue maximum benefits for your work-related injury.