Workers’ Comp Lawyer Near Jamestown

Your first thought after being injured in a workplace accident is the physical pain, but you will soon realize that there are many other important issues to consider. Statistics from the Annual Report for 2018 prepared by the Virginia Workers’ Compensation Commission (VWCC) demonstrate the severity of an accident victim’s financial situation. Of the 46,278 injury claims filed, the average worker was out for four disability days. Those lost wages add up, especially when you are incurring medical costs for treatment and need to pay other household bills, as well.

Fortunately, you do have options under the state workers’ compensation system, including the right to seek monetary benefits to cover your losses during this difficult time. If you were hurt on the job, please contact Hampton Injury Law to learn more about the claims process. We can set up a no-cost case evaluation with a workers’ comp lawyer near Jamestown. You may also find it useful to review some general information regarding these matters.

Workers’ Comp Laws in Virginia

To recover compensation in most injury-causing accidents, you need to prove the responsible party was negligent, which can be a difficult thing to do in the workplace setting. As such, Virginia established a workers’ comp system that provides you with monetary benefits without needing to show that your employer was at fault. 

However, under most circumstances, workers’ comp is your sole remedy. You cannot sue your employer in civil court, and it is not possible to recover damages for pain and suffering. There are some exceptions to this rule, including situations where: 

• Your employer’s conduct was intentional;
• Your employer fails to carry workers’ comp insurance as required by law; or,
• A third party is responsible for your injuries. 

Workers’ Compensation Benefits and Eligibility Rules

It is likely that you will be covered under Virginia’s workers’ comp laws if your employer has two or more employees, and you are a true employee instead of an independent contractor. If you meet the eligibility requirements, you may be able to receive benefits for: 

• Lost wages;
• Costs of medical treatment, now and in the future;
• Vocational rehabilitation; and,
• Many others, depending on the details of your claim.

Disputes Over Workers’ Comp Claims in Virginia

Filing a claim may seem as simple as filling out a form, but you may encounter unexpected obstacles in dealing with your employer’s workers’ comp insurance company. You could be denied benefits for wrongful reasons, such as: 

• The allegation that you are not a covered employee, which may constitute misclassification;
• An assertion that your injuries are not severe enough to justify time off work;
• The argument that you did not suffer injuries due to job-related conditions; or,
• A contention that you do not require medical care.

Reach Out to a Jamestown Workers’ Comp Lawyer Regarding Your Claim 

Hopefully, this overview of workers’ comp claims is useful. However, it is still important to get legal help with the process and obstacles you may encounter when seeking benefits. To learn how a workers’ compensation attorney can assist, please call Hampton Injury Law to set up a no-cost case evaluation.