Determining Eligibility For Workers’ Compensation Claims
Our Workers Compensation Attorney here at Montagna Law will do everything in their power and within the confines of the law to get you positive results. However, before this step, there is a need to ascertain whether or not your case falls under the provision of the state’s workers’ compensation law. Determining whether you are eligible to claim damages under workers’ compensation law forms the basis of the legal representation that our Workers Compensation Lawyer offers.
Each new client that comes to us will have access to an initial consultation meeting where we take their case apart piece by piece to better understand it and determine its eligibility. Our workers’ compensation attorney understands that each case is different and unique. This is why we take a personalized approach to handle each new case that comes to us.
On determining the eligibility of your case under Virginia’s Workers’ Compensation Act, these elements must be proven;
That the injury or accident that led to the injury occurred at work or due to the nature of the job that you hold. This, in essence, means that your case is eligible if the injuries you sustained can be linked to repetitive activities performed at work or if you have suffered an accident while on an official assignment.
That the injury was caused by a specific work activity or that it occurred at a specific time. In some cases, injuries may not be readily evident. This does not mean that such injuries do not qualify under the workers’ compensation act. Employees may suffer injuries that may not be evident at first, especially if their job involves repetitive actions.
To better understand the picture, our workers’ compensation attorneys offer legal representation to clients who have suffered illnesses or injuries like:
Aggravated pre-existing conditions
Loss of limb or amputation
Back injuries or spinal injuries,
Exposure to harmful pathogens, bacteria, and others.
Burn injuries and scars
Carpal Tunnel Syndrome; a common effect of repetitive stress injury
Dental injuries affecting the mouth and jaw
Eye injury or loss of vision
Head injuries including Traumatic Brain Injury
Paraplegia or quadriplegia
Lung disease or respiratory problems
Paralysis, and others.
Important Information When Claiming Workers’ Compensation
Even with the help of a workers’ compensation attorney, the process of claiming compensation can be complex. This is why our attorneys advise clients on the things they need to know before, during, and after the case. Some of the important things that accident victims need to know include;
There is a Statute of Limitations – A statute of limitation is like an expiry date that has been set for every legal case. For a workers’ compensation claim, your employer must be notified within 30 days of the injury and a claim case must be filed with the Workers’ Compensation Commission within two years of the accident’s occurrence.
There is a Limit to Compensation Claimed – Workers’ compensation is paid weekly and at 66.67% of the victim’s weekly wages. Accident victims are entitled to compensation that is no more than 500 weeks.
Accident Victims Shouldn’t Lose Their Jobs Due to the Claim – accident victims often fear that they may lose their jobs due to an accident injury claim. This shouldn’t be so. The law offers protection against this.