Workers Compensation Lawyer Hampton
States maintain workers’ compensation systems that are designed to provide injured workers with benefits when they are hurt while performing a job-related activity. However, while each state has a workers’ compensation system in place, the laws and regulations differ on a state-to-state basis. As such, if you have been harmed while working in Virginia, you may benefit from working with an attorney who is well-versed in the state’s workers’ compensation laws.
Who’s Eligible for Workers’ Compensation?
Most workers in the state of Virginia are eligible for workers’ compensation benefits; the state requires that all employers who have three or more part- or full-time employees provide workers’ compensation insurance. In order to qualify for workers’ compensation if you are injured, your injury must:
- Have occurred while you were at work; or
- Have occurred while you were performing a work-specific activity.
If you contributed to your injury by an act of misconduct (such as being intoxicated while at work, for example), or if the injury was not related to your workplace duties or did not occur at work, you will likely not be eligible for workers’ compensation insurance.
Benefits Provided by Workers’ Compensation
Those workers who do qualify for workers’ compensation will all be eligible for lifetime medical benefits, which pay for all medical expenses related to the injury. Workers may also be eligible for the following:
- Temporary total disability benefits;
- Temporary partial disability benefits;
- Permanent partial disability benefits; and
- Permanent total disability benefits.
These four benefit types are all forms of wage replacement benefits, which last for a set amount of time depending upon the degree of disability. Benefits are paid at a rate of 66 ⅔ percent of the injured worker’s average weekly wage prior to the incident.
If a workplace accident results in death, a worker’s beneficiaries may receive death benefits and funeral and burial benefits.
Protecting Your Right to Benefits
If you are injured at work and believe that you are entitled to workers’ compensation benefits, you need to act swiftly to protect that right. One of the most critical things that you need to do is to inform your employer of the injury immediately, but at least within 30 days time; failure to report the injury within 30 days is a defense which the employer may assert which results in claim denial. In addition to providing your employer with notice, you should also seek medical care (from an employer-approved physician), follow your doctor’s orders, and hire an attorney if your claim is denied.
Contact Hampton Injury Law Today
Suffering a workplace injury is an upsetting experience. To improve your chances of recovering the workers’ compensation settlement that you deserve, contact the law firm of Hampton Injury Law today. Mr. Hoen has experience managing workers’ compensation claims, and knows how to negotiate your claim and work with a workers’ compensation insurer. For a free consultation, contact Hampton Injury Law today at 757-838-1173.
