Workers’ Compensation Lawyer in Virginia

An American worker spends a minimum of 2,080 hours each year working on behalf of their employer. Many workers will work an entire career without sustaining an injury, although a growing number have already been injured during their work lives. Injuries on the job are not entirely uncommon. However, proving the company is liable for an injury can be an ongoing legal battle.

According to Virginia law, injured workers can receive compensation for their injuries. Unfortunately, greedy insurers mean getting that money could be hard. Employers don’t take claims like this lightly. You may have a harder time winning your worker’s compensation claim without legal representation.

For 25 years, the Virginia workers’ comp attorneys at CHASENBOSCOLO have fought hard to get workers the benefits they deserve. They often do because big-name insurance companies have the resources to fight claims. The average Virginia worker will back down when the insurer scares them into submission. Your claim deserves to be thoroughly reviewed. At CHASENBOSCOLO, we can help you fight for your rights to be fairly compensated for your work-related injury.

Denied workers’ compensation benefits you’re rightfully owed? Don’t let the system beat you down – put us to work for you by calling (703) 538-1138 or contacting us online today.

What to Know About Workers’ Compensation Cases

Workers’ compensation is a type of insurance that Virginia requires most business owners to carry. This insurance benefits workers injured or ill on the job or from some job-related event or condition. The specific rules vary from state to state. That’s why discussing your case with a knowledgeable attorney in the state of your employment and injury is important. The attorneys of CHASENBOSCOLO are well-versed in Virginia’s workers’ compensation laws.

When an injury or illness occurs on the job, the first thing to do is get immediate medical treatment. The worker should notify their employer of the accident right away. The injured worker or the employer should prepare a formal report. The employer’s human resources department should tell the employee how the workers’ compensation process works. The employer’s insurer should receive the claim within 24-48 hours of the incident.

If you suffered injuries on the job, having your lawyer will help you preserve all your rights. Get in touch with one as soon as possible.

At CHASENBOSCOLO, we have your best interests in mind when handling your case. You deserve to know your rights and to have an advocate for your care, treatment, and the compensation you deserve for any losses you incur due to the on-the-job injury. We are available to discuss your case, and we will fight for your rights. Call us at (703) 538-1138 today to schedule your consultation with our team.

How Are Workers’ Compensation Cases Different From Other Personal Injury Cases?

What Is Workers’ Compensation?

Employers with two or more employees must carry insurance to protect employees if they’re injured performing duties they’re approved to perform at work. The insurance policy provides dual protection; employers are shielded from lawsuits brought on by employees, and employees are guaranteed cash and medical benefits if injured at work. Workers’ compensation is an insurance policy that employers carry to cover the costs an employee’s work injury or illness creates.

You have met the most important criteria for filing for workers’ compensation benefits if you are an employee rather than an independent contractor.

For claims to be brought, the employee must have:

• Been performing an activity related to work;
• Been injured at a sudden, specific time; or
• Must have been during regular work hours or during an approved time.

Employee misconduct is not compensable under Virginia law, nor is work performed outside of what an employer had previously approved. Gradual or traumatic injuries induced by repetitive motion are generally not covered, either.

Worker’s compensation benefits include payment for medical care, disability benefits, and rehabilitation benefits. To qualify, you must be an employee of the insured employer, and your illness or injury must have arisen or occurred while performing your job duties.

Generally, workers’ compensation benefits are awarded on a “no-fault” basis, which means that as long as the employee was not under the influence of drugs or alcohol, if all other conditions are met, their claim will likely be compensable. An employee may be required to submit to a drug test following the accident. Survivor benefits may also be available if a worker is killed on the job.

Personal injury and worker’s compensation claims differ because “pain and suffering” is not a factor in workers’ compensation claims. Personal injury claims do allow for pain and suffering damages. In Virginia, if an employee is injured on the job, they cannot sue the employer. Rather, they must go through the workers’ compensation system. There are a few narrowly defined exceptions to this rule. One of the exceptions is when the employer does not carry workers’ compensation insurance as required. Then a lawsuit may be brought against the employer.

Our team at CHASENBOSCOLO handles cases like yours every day. Our attorneys understand the rights of our clients. Call us today at (703) 538-1138 to schedule your consultation.

Common Workplace Injuries

Employees may wish to pursue workers’ compensation benefits in any work-related accident, including:

• Machine operation injuries due to the maintenance department’s lack of proper lockout procedures;
• Slip and fall on foreign substance not properly barricaded or marked as hazardous;
• Heat or cold burns from chemicals not properly labeled;
• Forklift accidents; and
• Workplace fires or explosions

One could sustain numerous injuries, many of which could put workers out of commission for months, even years.

Virginia’s workers’ compensation department provides information to help employers and employees know their rights and obligations under state law. Hiring an attorney familiar with Virginia’s workers’ compensation system is your best chance at obtaining full compensation for your injuries.

CHASENBOSCOLO handles workers’ compensation claims just like yours all the time. If you have been injured on the job and are unsure of your rights, call us today at (703) 538-1138 so we can discuss your case and help you pursue the benefits you are owed for your injury.

Virginia’s Workers’ Compensation Types

Benefits available to injured workers include:

• Lifetime medical benefits. Payments for medical expenses incurred, including occupational diseases, will be given to injured persons to offset out-of-pocket costs related to transportation, prescriptions, and general healthcare needs.
• Wage replacement. Workers may receive full or partial wage loss payments for the duration of their injury; these benefits will terminate once the worker is medically cleared to return to work.
• Permanent total disability. Lifetime compensation for the loss of mobility, loss of limbs, paralysis or similarly debilitating injuries.
• Permanent partial disability. Partial payments for lung disease, partial hearing loss, injuries that caused partial mobility issues and the loss of one body part.
• Death benefits. These are payable to surviving children and spouses in the event the workplace injury was fatal.

Other forms of compensation, such as mileage reimbursement, could be available to qualifying applicants. The biggest hurdle facing most employees can be actually getting the compensation rightfully owed through the worker’s compensation benefits provided by their employer. When you have an attorney on your side advocating for your rights, you can focus on healing while your attorney handles everything associated with your workers’ compensation claim.

Workers’ Compensation Death Benefits

In Virginia, loved ones of deceased workers may qualify for death benefits under Virginia Code Section 65.2-512. To qualify for benefits, the survivor must be:

• Spouse that was still attached by marriage at the time of the worker’s death;
• A representative of the estate if the worker had one;
• A child under 23 if enrolled in school full-time;
• Any individual dependent upon the worker who died, including children under 18 and parents.

Much like regular workers’ compensation benefits, an application for benefits is necessary. The complex nature of the application process compels many survivors to hire an attorney. At CHASENBOSCOLO, we understand what you are going through and your delicate situation. Our team will help you through the legal process to resolve the case so that you and your family can get the benefits you need and find closure.

If approved, dependents can receive up to 500 weeks of benefits at 66.7% of the worker’s wages if full dependence is proven. Death benefits can be filed up to nine (9) years after an accident or diagnosis of an occupational disease as defined by the Virginia Code. Families deserve to have their rights explained to them. Our firm believes that the employee and their family should know their legal rights and have someone willing to fight for those legal rights. If you need help, we are here. You don’t have to go through this alone.

Workers’ Compensation Claim Process In Virginia

To avoid delays in your workers’ compensation claim, follow these steps to ensure all bases are covered:

• Report the incident to an immediate supervisor as soon as the injury occurs. You have thirty (30) days to complete this initial step in Virginia. The incident is already known if you’re unconscious or are taken immediately to the emergency room.
• Photograph everything in sight, including your injury. Do this before removing yourself from the scene.
• Seek medical treatment immediately. This step would be necessary after reporting the accident but unnecessary if you’ve already been taken to the hospital. Note that the insurer and employer can control medical treatment in non-emergency situations.
• Let the medical professional know you were hurt at work. Do not listen to an employer who requests this information be kept confidential; get your statement documented by the doctor.
• If you’ve been treated at the hospital but are waiting for release, ask for paper and pen. Write down the approximate date, time, and location of injury. Document what you were doing, how you did it, and what happened to cause your injury.
• Once you are released from the hospital, fill out your accident report and inform every worker what happened. If they witnessed your accident, note their name and any identifying information. Turn your report in to the appropriate office.
• Begin the process of filing your workers’ compensation claim. These documents are available online or can be requested from your employer. If the employer refuses to give you the forms, you could retain an attorney to begin the process.

Once you’ve begun the workers’ compensation process, an employer cannot retaliate against you. They cannot make your injury the sole basis for terminating employment. You have the right to seek treatment and compensation for an injury or illness that has occurred. Document any interaction between yourself and the employer until the determination of approval or denial is made by the Workers’ Compensation Commission in Richmond, Virginia. Our firm can help with your claims and issues that arise as a result of your claims. Call us today at (703) 538-1138 to schedule your case evaluation. We’d be honored to help you with your case.

How To Handle Workers’ Compensation Appeals

So, you’ve applied for benefits but received a denial. Does this mean you’ll never receive assistance? No! There are options available to workers who’ve been denied workers’ compensation in Virginia.

Here’s how a typical appeal could work:

• The commissioner who issued the decision retains authority over your claim for thirty (30) days. Use this period to file a Request for Reconsideration addressing why the commissioner got things wrong.
• If the Reconsideration doesn’t seem appropriate, you can request a Full Commission review within thirty (30) days of the initial decision.
• Although written statements and evidence are used to render a new decision, Rule 3.4 allows oral arguments to be made to defend your claim.
• If the Full Commission review ends unfavorably, the next step is appealing to the Virginia Court of Appeals.

Once the Court of Appeals has determined, you’ll either receive benefits retroactive to your initial application or will need to discuss your options with an attorney if one hasn’t been retained.

Let An Experienced Workers’ Comp Lawyer From CHASENBOSCOLO Help You

Workers’ compensation is a benefit that injured employees should receive when they’ve performed duties according to regulations but were injured due to employer negligence. While these benefits are paid through the employer’s insurer, the system can make getting benefits much harder than necessary.

Put CHASENBOSCOLO to work on your workers’ compensation claim from the beginning, and your chances of approval will drastically increase. Besides, you’re injured and deserve to take this time to recuperate; why not let professionals handle your claim to ensure you get what you are owed?

Schedule your free workers’ compensation consultation today by phoning (703) 538-1138.