Workers’ Compensation Claims Process in Virginia
1. Plaintiff is Injured on the Job
Most workplace injuries, including those caused by equipment accidents, exposure to toxic substances, and most other workplace accidents, are covered under workers’ compensation.
2. Injury Reported to Employer
Inform your supervisor or employer as soon as possible and include all relevant information about your accident. It’s crucial that you inform your employer via a written notice within 30 days of the accident, or you may be ineligible to file a claim.
3. Employer Reports Injury to State Commission
Your employer has an obligation to report the incident following your work-related injury. Your employer must inform their workers’ compensation insurer and file a report with the Virginia Workers’ Compensation Commission.
4. Employer’s Insurance Follows Up
Following notification of your accident, an adjuster from your employer’s insurance company may reach out to you to obtain an official recorded statement. They may also provide physician choices so you may begin medical treatment. It is important that, before speaking with the insurance company, you speak with an experienced workers’ compensation attorney.
5. Claim for Benefits Filed
The Workers’ Compensation Commission will provide you with a Claim for Benefits form. This form is used to collect information regarding your injury and alert the Commission and your employer’s insurance company to what benefits you are requesting.
6. Commission Issues 20-Day Order
The Virginia Workers’ Compensation Commission issues a “20-day order” to your employer’s insurance company. This order requires the insurance company to act on your workers’ compensation claim within 20 days.
7. Discovery and Hearing
Before your hearing, you will work with your workers’ compensation attorney to collect relevant information that will benefit your case, such as medical documentation, photographs of the injury and the worksite you were injured in, and other supporting documentation. Information from both parties is then presented in front of a judge. The judge will rule based on the evidence presented, so the more documentation you collect, the stronger your case may be.
8. Award or Settlement
If the insurance company accepts your claim and you are awarded compensation, you will be sent agreement forms which your attorney can help you file out. The Virginia Workers’ Compensation Commission will then file an Award Order that confirms your eligibility for benefits. If your claim is denied, your case will be brought in front of the Virginia Workers’ Compensation Commission. Having a workers’ compensation lawyer to assist you through the appeals process is important and will help you to gather and present relevant information at your hearing.
