You suffered an injury when you were at work and are now wondering whether you can file a workers’ compensation claim. The truth is many workers are unaware of their rights and responsibilities following a work-related injury and don’t understand the workers’ compensation system. If you want personal assistance, you can click here to connect with an attorney. In this post, we are discussing some key facts about the entire process in Virginia.
- You must report your injury. Informing your employer about the workplace accident and your injuries is not a choice. You have to do so immediately after the accident, but of course, you should get medical attention first. However, it is a myth that you cannot get workers’ compensation benefits because you didn’t report the injury the day it happened. You have 30 days to notify your employer.
- The fault is not a matter of concern. The workers’ compensation system in Virginia is a no-fault system, and therefore, it doesn’t matter whether you were at fault or caused the accident. You can still claim benefits.
- You cannot sue your employer. That’s something that injured workers often fail to understand. Because employers in Virginia are required to pay for workers’ compensation insurance, they also have the immunity that injured workers cannot sue them for negligence. However, if your employer has retaliated against you, your lawyer may help take action on the matter.
- You need to take further action. Just because the insurance company is paying for your medical bills, it doesn’t mean that you don’t need to file a Claim Form with the Commission. That’s the best way to ensure that your interests are protected.
- You may not be entitled to workers’ compensation benefits. Just because an injury happened doesn’t mean you are automatically covered under the workers’ compensation system. To get the benefits, your injury should be related to your job.
- The insurance company doesn’t care. This may sound like a generic statement, but it is true. The insurance adjuster wants to save money for their employer, and they don’t care whether you get paid or not.
- You would benefit from hiring an attorney. You should consider talking to an experienced attorney for your workers’ compensation claim, although it is not mandatory. Make sure that you select an attorney who has extensive experience representing employees.