What Does a Virginia Workers Compensation Lawyer Do?

What is workers’ compensation in Virginia? If you suffered injuries on the job, even if the accident is your fault, you may be able to recover compensation for medical care and lost wages. Employers must carry workers’ compensation coverage if they have at least two full or part-time employees to cover death benefits, medical bills, and lost wages.

Virginia Statute of Limitations For Workers’ Compensation Claims

If you suffer work-related injuries in the Commonwealth of Virginia, you can receive medical benefits. You must:

• Immediately report your injury to your employer within 30 days of the incident or 30 days from the date the doctor says you have a work-related injury or illness
• File a claim with the Virginia Workers’ Compensation Commission as soon as possible and within two years of the accident

If you miss the filing notification deadline with your employer or the Commission, your claim could be denied. A workers’ compensation attorney can help you file your claim and help you meet deadlines. After filing a claim, you will receive a Jurisdiction Claim Number and PIN so you can access your file online.

How Long Can You Stay on Workers’ Compensation in Virginia?

You can stay on workers’ compensation for up to 500 weeks, depending on the severity of your injuries and the recovery process. Your ability to return to work also plays a part in determining how long you will receive workers’ compensation. Benefits can last from weeks to years. In some cases, you may receive benefits for the rest of your life.

What Injuries Are Covered By Workers’ Compensation in Virginia?

Virginia workers’ comp covers many different injuries over two categories, including:

Accidental Workplace Injuries

Accidental Injuries are injuries are caused by a specific accident and include:

• Sprained joints
• Broken bones
• Cuts
• Back and spinal cord injuries
• Traumatic brain injuries
• Burns

Occupational Illnesses Claims

Occupational Illnesses are when you suffer from illnesses because of certain jobs. These injuries are usually not the result of a one-time accident and include:

• Various types of cancer
• Breathing issues due to exposure to toxic materials
• Heatstroke

Carpal tunnel syndrome is generally not covered under Virginia workers’ compensation laws.

Temporary Vs. Permanent Disability in Virginia

You may be entitled to temporary or permanent disability in Virginia. Temporary disability is further broken down into temporary total disability and temporary partial disability. Permanent loss includes the loss of a body part, though you may only receive workers’ compensation for a period of weeks, depending on the loss. For example, for the loss of a toe other than your big toe, you could receive 10 weeks of workers’ compensation benefits. However, for the loss of an arm, you could receive 200 weeks of workers’ compensation benefits.

You may be rated for “permanent and total incapacity” if you lose both hands, feet, arms, legs, or eyes in the same accident.

Partial Temporary Disability

If your doctor states that you can work with restrictions, you may be able to receive temporary partial disability benefits to make up for the loss of earnings you may have due to being restricted from certain work activities.

You may receive wage replacement for the amount you lose from not working in one job if you have two or because you work in a different position that pays less.

Temporary Total Disability

If your doctor states that your injury is in a “state of maximum medical improvement” and does not expect you to improve, you may be rated for an impairment rating for permanent partial disability benefits.

Why Work with Montagna Law’s Workers’ Compensation Lawyers in Virginia

When you suffer workplace injuries, you may want an experienced Virginia workers’ compensation attorney to guide you through the initial claim process. If your claim is denied, an experienced workers’ compensation attorney can also guide you through the appeals process.

Testimonials

“Working with Katie Jones at Montagna Law was the best decision I made in my fight for disability. Her and Tyler made the process so much more comfortable. And eased so much stress and anxiety which helped me, my family and so many more.” — Kim S.

Let Us Help You With Your Virginia Workers’ Compensation Case

After suffering injuries on the job, contact Montagna Law at 877-622-8100 to discuss your workers’ compensation case. You can also schedule a consultation by completing our online contact form.