When you get hurt at work, it can feel like life screeches to a halt. You may worry that without money flowing into your household it will be difficult to carry on with everyday life. It can also be hard to know where to turn for help to make sure that you get the proper advice relating to the benefits you are entitled to. At Hilton & Somer, LLC, our Virginia, Maryland and Washington, DC Workers’ Compensation Lawyers are committed to helping injured workers protect their legal rights.
Virginia Workers’ Compensation at a Glance
- Report the injury in writing within 30 days. Virginia law requires written notice to your employer immediately or as soon as practicable, and benefits can be denied if notice comes later than 30 days without a reasonable excuse (Va. Code § 65.2-600).
- File your claim within two years. A claim must be filed with the Virginia Workers’ Compensation Commission within two years of the accident or the right to compensation is barred (Va. Code § 65.2-601).
- Wage benefits are two-thirds of your pay. Total disability benefits equal 66 2/3 percent of your average weekly wage, subject to a state minimum and maximum that the Commission sets each year (Va. Code § 65.2-500).
- There is a seven-day waiting period. Wage benefits start on the eighth day of disability, and if you are out more than three weeks, they are paid back to the first day (Va. Code § 65.2-509).
- You choose from the employer’s doctor panel. Your employer must offer a panel of at least three physicians, and you pick your treating doctor from that list (Va. Code § 65.2-603).
Your Workers’ Compensation Rights
The workers’ compensation system was established to provide legal protection to workers who are injured on the job or who develop a job-related illness. The system is available in most states and all employers in Virginia, Maryland and the District of Columbia are required to carry workers’ compensation insurance if they have more than a certain number of employees. Because workers’ compensation is a no-fault system, the law gives the majority of injured workers the right to file a workers’ compensation claim as a result of a work-related injury or illness. This means that workers’ compensation cases don’t require negligence and that you are entitled to certain benefits regardless of whether or not you were responsible for the accident that led to your injuries. The workers’ compensation system protects both, the worker and the employer by making sure that the worker is properly compensated for his or her injuries and the employer, by being protected from a personal injury lawsuit from the employee. Under the workers’ compensation system, injured workers are entitled to receive medical benefits and reimbursement for a percentage of their lost wages due to their temporary or long-term disability. They are not entitled to pain and suffering.
However, workers’ compensation claims are largely administered by insurance companies on behalf of the employers. What some workers fail to realize is that these insurance companies will do everything they can to find a reason to pay as little in benefits as possible on a claim, and in some some cases, they may even deny your claim entirely.
Workers’ compensation is also governed by complicated rules. There are time limits within which to file a claim and specific regulations on how and to whom you must report your injury. There are also rules for submitting proof of your injury and even rules for which doctor you are allowed to see. For the uninitiated, it’s easy to feel like you’re fighting a losing battle.
The good news is you don’t have to face the workers’ compensation confusing process alone. Our experienced workers’ compensation lawyers will guide you and explain the steps involved in filing your claim. They will keep you informed at every stage in your case, provide aggressive legal representation and make sure you get all the benefits you are entitled to
Get the Workers’ Compensation Benefits You Deserve
Work-related injuries and illnesses can take many forms, from a slip-and-fall on a factory floor, to exposure to toxic chemicals. Work injuries can also happen in any type of work environment, including offices, schools, stores, and in company cars. Depending on the nature and severity of your injuries, you may be entitled to benefits that cover:
- Wage loss reimbursement
- Medical bills
- Rehabilitation
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
In the most tragic cases, a worker is killed on the job. In these circumstances, workers’ compensation may also cover the cost of funeral expenses. Although you are not required by law to have a lawyer representing you when you file a claim for workers’ compensation benefits, having legal help can mean getting a more favorable result in your case. It can also speed up what is often a long and arduous process so you are not forced to wait for the benefits you are entitled to.
Our Attorneys are strong allies to people who have been hurt on the job. We will help you at every stage of your case by keeping you up to date, making sure you understand your options and helping you make informed decisions about how to proceed in each step of your case. Getting injured at work can be scary. Working with an experienced Virginia, Maryland and Washington, DC Workers’ Compensation Attorney can ensure that the path to getting your benefits is a smooth and worry-free process.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Workers Compensation Attorney
If you have suffered an on-the-job injury, don’t go through it alone. Help is available today. Get in touch with the Workers Compensation Lawyer at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. workers’ compensation Attorneys. You can reach us through our online contact form, or by calling (703) 560-0700.
Areas We Serve
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:
- Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
- District of Columbia: Washington, DC
- Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties
Virginia Workers’ Compensation FAQ
How long do I have to file a workers’ comp claim in Virginia?
You must file a claim with the Virginia Workers’ Compensation Commission within two years of the accident. Reporting the injury to your employer is not the same as filing a claim, and missing the two-year deadline can bar your right to benefits permanently.
How soon do I have to report a work injury to my employer?
Give your employer written notice immediately or as soon as practicable. Under Virginia law, benefits can be denied if written notice is not given within 30 days of the accident, unless the Commission accepts a reasonable excuse for the delay.
How much does workers’ comp pay in Virginia?
For total disability, workers’ compensation pays 66 2/3 percent of your average weekly wage, subject to a minimum and maximum set each year by the Commission. Medical treatment for the work injury is also covered. Workers’ compensation does not pay for pain and suffering.
Can I choose my own doctor for a work injury in Virginia?
Generally, you choose your treating physician from a panel of at least three doctors provided by your employer. In an emergency, or if the employer fails to provide care, the Commission may order the employer to pay for treatment from another doctor.
Is there a waiting period before workers’ comp benefits start?
Yes. No wage benefits are paid for the first seven days of disability. Payments begin on the eighth day, and if the disability lasts more than three weeks, you are paid for the first seven days as well.
Can I sue my employer for a workplace injury?
In most cases, workers’ compensation is your exclusive remedy against your employer. However, if someone other than your employer caused the injury, such as a negligent driver or the maker of defective equipment, you may have a separate personal injury claim against that party.
