Workplace accidents are not uncommon in Virginia. Some industries are more likely to have cases of job injuries and work-related illnesses. All employers and companies in the state are required to workers’ compensation insurance for full-time and part-time employees. This is a must for all businesses with three or more employees. Immediately after an accident, you are required to report the injuries to your supervisor. For handling your claim better, you may want to hire a workers’ compensation lawyer in Virginia. In this post, we are sharing a few basic facts worth knowing about this no-fault insurance system.
Reporting the accident
As the worker, it is your duty to inform your employer about the accident. Make sure that you do so at the earliest. The state laws allow 30 days to report such accidents to employers, so if you missed out on informing on the fateful day, you can still get workers’ compensation benefits.
Fault is not relevant
Like we mentioned before, workers’ compensation is a no-fault insurance. You don’t have to prove that your employer was responsible for your injuries. Also, even if you had a minor share in causing the accident, you can still get compensation for your damages. In case the accident was a result willful conduct, or you intentionally hurt yourself at work, your claim will be denied.
Proving your claim
Injured workers are in charge of proving everything they mention in their workers’ compensation claim. This is precisely why you need to keep all medical records, previous pay slips, overtime bills, and other documents. You will need to prove two things – You were injured at work in a job-related accident, and secondly, the extent of your damages.
Suing your employer
In Virginia, employers cannot be direct sued by injured workers for a work-related accident, or diagnosis of an illness. However, there are exceptions to this. For example, if you were fired from the job because you were injured or had filed a workers’ compensation claim, this could be a case of discrimination.
Hiring a lawyer
Engaging an attorney is one of the wisest things to do. A skilled attorney knows what it takes to negotiate a workers’ compensation claim with the insurance company, and they wouldn’t settle for less. If your claim is denied, they can work on the case and represent you at an appeal. If you have a valid third-party claim, your attorney can evaluate that too.
Inform your employer soon after your accident and call a workers’ compensation lawyer immediately.
