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Richmond Workers' Compensation Attorneys

Overview of Virginia Workers' Compensation Law

Richmond Work Injury Attorneys

Workers’ compensation is essentially a government-run mandatory insurance plan that provides compensation to employees who sustain injuries in the workplace. Workers' compensation benefits are similar to insurance benefits in that the employee receives payment for injuries sustained in the workplace regardless of fault. Every state has enacted workers' compensation laws to protect employees working within the state. In addition, federal workers' compensation laws protect federal employees and workers in specialized fields, such as maritime and railroad employees.

State and federal workers’ compensation laws aim to provide fixed monetary compensation to employees who are disabled or to family members of employees who are killed on the job, thus discouraging injury suits against employers. These laws also help to protect employers by limiting the amount of money that must be paid for on-the-job injuries. Many workers’ compensation laws also protect coworkers by limiting or eliminating coworker liability for injuries sustained in the workplace.

In general, the filing of a workers’ compensation claim for workplace injuries precludes you from filing a civil suit against your employer. Your employer benefits when paying a workers' compensation claim by receiving immunity from any court actions against you may file against him or her. Basically, your employer is accepting liability for your injuries, but that liability is limited and determined. The question of negligence or fault is usually not at issue. If your injury is caused by the reckless or intentional behavior of your employer, however, you may be allowed to file suit for compensatory damages, pain and suffering, mental anguish, and punitive damages in lieu of filing a workers’ compensation claim.

What Should I Do if I Am Injured on the Job in Virginia?

Employees in Virginia who sustain an injury or contract a disease while on the job may be eligible for benefits under  Virginia Workers' Compensation Act. Under the Act, employees should immediately report any injuries to their employers in writing and make sure a claim is filed with the Workers' Compensation Commission within two years after the date of the accident or the discovery of the injury. Once you notify your employer, he or she is required to file a report with the Commission within ten days of the accident or disease. Once the Commission receives an accident report from your employer, you will receive an information packet involving your claim, as well as a personal identification number (PIN) to allow you to access your account online.

As an injured employee, you are responsible for completing all of the following in order to qualify for workers' compensation benefits:

  1. Immediately notifying your employer of your injury or illness;

  2. Filing a claim with the Workers' Compensation Commission within two years of the date of the injury or the date your were diagnosed with an occupational illness;

  3. Choosing a doctor from the three-physician panel provided by your employer (note: you cannot change doctors without the permission of your employer or a hearing before the Commission); and

  4. Seeking employment if you have been released to “light work duty.”

Failure to meet these responsibilities could effect the outcome of your claim. For more information on how to file a workers' compensation claim, contact Schilling & Esposito at (804) 261-1001 in Richmond or toll-free at 1-888-484-HURT to discuss your case with an experienced Richmond work injury attorney or click here to fill out our free case consultation form.

The Richmond workers' compensation attorneys at Schilling & Esposito handle all types of workplace injury cases throughout Central Virginia. If you have sustained an on-the-job injury at work, call (804) 261-1001 in Richmond or toll-free at 1-888-484-HURT to discuss your case with an experienced Virginia workers' compensation lawyer, or click here to submit your case to us for a free review. We know Virginia Workers' Compensation law, and our Richmond workers' comp attorneys will fight to get you maximum compensation for your injuries.