The Biggest Myths About Virginia Workers’ Comp

Virginia workers’ compensation laws help protect employees who have suffered from a work-related injury or illness. Unfortunately, there are a variety of misconceptions about this process, which often prevents workers from pursuing the benefits they need.

Understanding the biggest myths surrounding Virginia workers’ comp can help you use this beneficial system with more confidence and reassurance.

Myth: You Can’t Get Workers’ Comp if the Accident Was Your Fault

Many people assume that if they were to blame for the workplace accident that caused their injury, they will not be eligible for benefits. This is incorrect. Virginia workers’ comp is a no-fault system, which means that even if you played a role in your injury, you can still get the benefits you need.

The only major exceptions are cases where intoxication, willful misconduct, or intentional self-harm is involved.

Myth: You Have to Be Onsite for the Injury to Qualify

Another common misconception is thinking that injuries have to occur at the workplace to be covered. In reality, so long as you were performing work-related duties, even if they were offsite, you can get workers’ compensation benefits. This includes things like job-related travel, meetings in an alternative location, and errands related to work.

However, if you sustained an injury during personal activities, like commuting to and from work, for example, it is generally not covered.

Myth: Workers’ Comp Covers All Lost Wages

It’s important to remember that while workers’ compensation will provide wage replacement benefits, it does not replace your full salary. In Virginia, injured workers will typically receive two-thirds (66.67%) of their average weekly wage, subject to a maximum that is set by the Virginia Workers’ Compensation Commission.

There are also time limits related to how long benefits will last, which is dependent upon the severity of the injury.

Myth: You Don’t Need a Lawyer to Handle Your Claim

While it is true that you can file a workers’ comp claim without assistance from a lawyer, doing so can come with risks. Both employers and insurance companies may debate your case, minimizing your benefits or denying them outright.

An experienced Virginia workers’ comp attorney can help ensure you receive the compensation you need and can be particularly useful if your claim is denied or you encounter roadblocks.

Myth: Your Employer Can Fire You for Filing a Claim

The fear of an employer retaliating because you filed a claim is a legitimate concern, but it is actually illegal for an employer to fire or discriminate against an employee for seeking these benefits.

However, it’s important to keep in mind that an employer could still terminate a worker for other reasons, such as poor job performance or the company restructuring.

If you suspect you were wrongfully terminated because you filed for workers’ compensation, an attorney can help defend your rights.

Myth: There’s Nothing You Can Do About a Denied Claim

Unfortunately, many workers will give up after receiving a denial letter for a workers’ comp claim, but that is often a big mistake. A denied claim does not mean you are ineligible for benefits.

You have the right to appeal the decision through the Virginia Workers’ Compensation Commission. Often, denials are a result of simple errors like missing paperwork or minor technicalities and can be resolved with an attentive legal eye looking over your claim.

Frequently Asked Questions

What Benefits Are Available Under Virginia Workers’ Comp?

Workers’ compensation in Virginia covers medical expenses, wage replacement (up to 66.67%), disability benefits, and vocational rehabilitation if you are unable to return to your job.

How Long Do I Have to File a Workers’ Comp Claim?

In Virginia, injured workers are required to report the accident to their employer within 30 days and have two years from when the accident occurred to file a claim with the Virginia Workers’ Compensation Commission.

Can Independent Contractors Get Workers’ Comp in Virginia?

Typically, most independent contractors are not eligible for workers’ comp benefits. If an individual is considered an independent contractor, they may still qualify as an employee under the law. The legal skill of an attorney is beneficial to help determine whether you are eligible in these cases.

What If My Employer Doesn’t Have Workers’ Comp Insurance in Virginia?

Virginia law requires that employers who have three or more employees carry workers’ compensation insurance. If your employer does not have coverage, you may still be able to seek compensation through the Uninsured Employer’s Fund as an alternative option.

Can I Choose My Own Doctor for Treatment?

Your employer or the insurer will give you three options for doctors to choose from to receive treatment. If your claim is denied, you are able to see your own doctor and seek reimbursement later.

Can I Receive Workers’ Comp Benefits if I Have a Pre-Existing Condition?

Yes, if you have a pre-existing condition, you may still qualify for Virginia workers’ comp as long as the workplace injury aggravated or worsened the existing condition.

However, sometimes, it can be challenging to prove this, and insurance companies may argue your injury was not work-related. A Virginia workers’ comp attorney can assist in gathering medical evidence and advocating for you and your claim.

Take the Next Step

If you’ve been injured on the job, it’s important to understand the facts about Virginia workers’ comp can help you secure the benefits you need. Don’t let these common myths keep you from filing your claim.

If you need assistance, the legal team at Commonwealth Law Group is available to help. Contact us today for a free consultation to discuss your case.