Gloucester Workers’ Compensation Lawyer
The number of nonfatal workplace injuries and illnesses has decreased since 2003, but the frequency of these incidents is still disturbing. The U.S. Bureau of Labor Statistics reveals that there were 2.9 million workers hurt in on-the-job incidents in 2016. If you are a victim, you suffer beyond the pain through lost wages and costly medical care. The financial implications for your household can be severe.
For almost 30 years, Virginia workers’ compensation Attorney Jan Hoen has been protecting the rights of injured employees. From filing the proper forms to representing you in administrative proceedings, he is dedicated to ensuring that you obtain the benefits you are entitled to by law. Please contact Hampton Injury Law to schedule a free consultation, and read on for some helpful information about workers’ compensation.
Virginia Workers’ Compensation Claims
The Virginia Workers’ Compensation Act requires most employers to carry a type of insurance that will pay out monetary benefits to qualifying workers who are injured in workplace accidents. The program is intended to promptly pay benefits to employees, instead of forcing them to go through civil litigation proceedings. Court cases are costly, time-consuming, and require a showing of fault. The workers’ comp system avoids these challenges.
However, in lieu of getting benefits quickly, you are precluded from filing a personal injury lawsuit. A workers’ comp claim is your sole remedy, unless you are hurt due to employer misconduct or the negligent acts of a third party. You can also proceed in a civil lawsuit if your employer fails in the legal obligations to carry insurance coverage.
Application of Workers’ Compensation Laws
Not all employees are eligible to receive benefits, and not all workplace incidents are covered by workers’ comp laws. Therefore, you must:
- Be a covered employee, a definition which includes certain contractors, family members of the employer, undocumented workers, corporate officers, and volunteers.
- Work for an employer that is required to carry workers’ comp insurance; and,
- Experience injuries from a true work-related incident, which happened while you were at work, engaging in work activities.
How Workplace Accidents Happen
Many dangerous conditions exist in the workplace and, despite the exercise of care, these hazards can cause on-the-job accidents. Some of the more common scenarios include:
- Slips, trips, and falls;
- Motor vehicle crashes while driving for an employer;
- Being struck by falling objects or debris;
- Exposure to or inhalation of harmful substances;
- Injuries from workplace equipment, including scaffolding, fork lifts, cranes, construction equipment, and related gear;
- Becoming entangled in machinery, which is frequent in the manufacturing industry;
- Falling from a roof, ladder, stairway, or other elevated space; and,
- Many other types of accidents.
Consult with a Workers’ Compensation Lawyer in Gloucester
This summary of Virginia workers’ compensation laws is useful, but there can be issues as to how these general concepts apply to your specific situation. You can also face challenges if there is a dispute or denial of your claim, either by your employer or the insurance company. If you have questions about a workplace injury in Gloucester, VA, please set up a free consultation at Hampton Injury Law by calling 757.838.1136 or sending a message online. Workers’ compensation Attorney Jan Hoen can advise you on your legal options after reviewing the details of your case.
