Understanding Virginia’s workers’ compensation laws: Quick overview

What happens when you are suddenly injured at work? In Virginia, all employers with three or more employees are required to have workers’ compensation insurance. Contrary to what many people may believe, workers’ compensation is not limited to just full-time employees. The basic aspect of workers’ compensation insurance is simple – If a worker was injured on the job, or was diagnosed with a job-related illness, they can file a claim for compensation. In this post, we are sharing more on important aspects, and why you may want to work with a Richmond workers’ compensation Lawyer

The basics

For the unversed, workers’ compensation insurance is a no-fault insurance. This means that an injured worker can file a claim and get compensation for their damages, regardless of what caused the accident. To win a workers’ compensation claim in VA, you must prove that you were injured in a job-related accident. For example, if you suffered a heart attack during the lunch break, you may not get the benefits of workers’ comp insurance. The injury/damage must be directly related to the job. 

Can an employee sue the employer?

  1. If you were injured at work, your compensation comes from workers’ compensation insurance that your employer has paid for. You will be dealing with the insurance company for the benefits. In return, employers in VA have the immunity that they cannot be sued directly by an injured worker. That said, there are exceptions to this. For instance, if you were fired from the job for filing a workers’ compensation claim, this is a clear case of discrimination, and you may have a lawsuit against the employer. 

Why do you need a lawyer?

Winning a workers’ comp claim is not always easy. Insurance companies are in business of getting premiums, not paying claims, and they don’t care or empathize with victims. The claims adjuster will try to minimize what they pay, for which they often adhere to unusual tactics. Hiring a workers’ comp lawyer in Richmond can actually help in working on your claim. A good attorney can also give you a real overview of the damages and losses you have suffered and what you can expect in compensation. Your lawyer is also in charge of negotiating the workers’ compensation settlement, and if your claim is denied, they can help with appeal, if needed. 

You can check online for workers’ comp attorneys near you in VA.