When you get hurt while you are doing your job, you should know about the worker’s compensation process. States require like Virginia require certain companies to offer worker’s compensation insurance to their employees who suffer a work-related injury. These benefits are awarded for eligible injuries, and are meant to cover the expenses such as medical bills and missed wages. The program was created to ease the burden on workers’ financial struggles as they recover from their injury. If you have never filed a claim before, there are a few basic things that you should know before beginning the process.
Learn Your State’s Requirements
Worker’s compensation is handled at the state level, so each state has their own set of laws and requirements. This means that the benefit amount you receive as well as the types of consequences you can face for submitting false claims can greatly differ. If you need help interpreting your state’s worker’s compensation laws, a lawyer can explain them to you and how they pertain to your situation.
For a legal consultation with a personal injury lawyer, call 434-817-3100
You May Have a Third-Party Personal Injury Claim
One thing that is really important for injured workers to understand: you may have both a personal injury claim AND a workers compensation claim. To explain, states like Virginia have what is called a workers compensation exclusivity bar. That means that workers who are injured by their employer or a statutory employee of the employer generally cannot pursue an injury claim against those parties. Instead, their claim is exclusively a workers compensation case.
But the exclusivity bar will not prevent injured workers from pursuing claims against third parties that cause the injury. Those are people or parties who are not employees or statutory employees of their employer.
The best way to understand this is with illustrations. An employee who is driving for work and is in a car accident caused by another driver’s fault would most likely have a personal injury claim against the other driver, plus they would have a workers compensation claim. Or, a worker who is injured by a defective tool or other equipment on the worksite may have a personal injury claim in the form of a products liability claim against the manufacturer of the tool or equipment.
Injured workers can receive workers compensation benefits while they are also pursuing their personal injury claim. What’s important to understand, however, is that the workers compensation insurance company will have a lien to recover the benefits they provided. In other words, the injured party may need to repay a portion of the workers compensation payments they receive when they resolve their personal injury claim.
Whether you have both a personal injury claim and workers compensation claim can be tricky and difficult legal questions that you need an experienced personal injury attorney to figure out.
Medical Records Boost Your Claim
It is not uncommon for workers to file a claim without sufficient medical records. Seeking medical attention right away after a workplace injury is advised so that you have the records that you need to back up your claim. Insurance companies are less likely to approve your claim if you are missing critical information about your injuries.
Only Certain Injuries Are Eligible
Just because you get injured at work does not mean that you will automatically be eligible for worker’s compensation. If you have been doing criminal activity or were violating your company’s policy at the time of the accident, you will not be eligible to receive worker’s compensation. If you are having trouble filing a claim because your company argues that you were violating a policy,
You Have Limited Time to File a Claim
If you have an injury that you sustained at work, you need to explore your legal options right away if you hope to get assistance with your claim. Virginia requires you to provide notice of your injury quickly, in as little as thirty days after the event. You will also need to file a formal petition to initiate your worker’s compensation claim, but a workers compensation attorney will explain those deadlines. Make sure to talk to a lawyer early so that they have enough time to evaluate evidence gather, information and prepare your case.
Do not miss out on compensation that you may be entitled to. After you have filed your workers compensation claim, contact us to see if you may have a third-party injury claim.
Call 434-817-3100 or complete a Case Evaluation form
