Newport News Workers’ Compensation Lawyer
The risk of workplace injuries affects all employees, as evidenced by statistics compiled in the Virginia Workers’ Compensation Commission (VWCC) Annual Report for 2017: That year, there were more than 58,000 major workplace injuries reported, mostly due to strain, slip and fall, and being struck by an object. Broken down by county, Newport News falls into the 1,000-1,999 category for number of claims filed.
If you have sustained a work-related injury or medical condition, you may qualify for benefits under the state’s workers’ compensation system. To learn more about your rights, please contact Hampton Injury Law to schedule a free case evaluation with a Newport News workers’ compensation lawyer. You can also read on for some important information about the laws that apply to your situation.
How Virginia Workers’ Compensation Claims Work
Workers’ comp laws are designed to provide financial benefits to employees who suffer injuries or illness at work. The objective is to get workers back on track as quickly as possible, which is why there is no need to show that your employer was at fault in causing your injuries. As long as you qualify under the eligibility rules described below, you can start receiving benefits quickly.
However, receiving workers’ comp benefits may be your only remedy as an injured employee. You cannot file a civil lawsuit against your employer or a co-worker unless:
- Your employer has not compiled with workers’ compensation laws in Virginia, which require all companies with two or more employees to have workers’ comp insurance; or,
- Your employer’s intentional conduct was the reason for your injuries.
Still, you may be entitled to file a civil lawsuit against a third-party individual or entity that caused your injuries. Potential parties may include any non-employee driver in a traffic accident, a contractor, subcontractor, vendor, or other entity. Anyone not connected to the employer is a potential third-party who will not have immunity. It is possible to recover your workers’ compensation benefits and also recover damages from a third-party liability claim. It is important to have an attorney who has knowledge and experience with both kinds of cases.
Newport News Workers’ Compensation Lawyer Can Advise You on Eligibility
You can file a claim with your employer’s workers’ comp insurer as long as you meet three primary qualifications:
- You are a covered employee, as opposed to an independent contractor;
- Your work-related medical condition occurred as you were performing duties within the scope of your employment; and,
- You must submit a written notice to your employer about your injuries within 30 days after getting hurt. The notice must include the details surrounding the incident, such as the date, time, location, and cause.
In addition, there is another time limitation that applies if you cannot resolve your claim with an insurance company. You have two years from the date of the accident to pursue the matter through the VWCC.
Workers’ Compensation Benefits are Available if You Qualify
The amount of workers’ comp benefits will vary according to your specific circumstances and injuries, but you may be eligible to receive:
- Medical coverage to treat your work-related injuries;
- Wage Loss Replacement for the income you forego while away from work; and,
- Disability benefits.
Speak to a Newport News Workers’ Compensation Lawyer Today
For more information on workers’ compensation laws, please call Hampton Injury Law to set up a no-cost case evaluation. A Newport News workers’ compensation attorney can review your circumstances and determine your legal remedies, including a potential lawsuit in civil court.
