YOU DESERVE FULL COMPENSATION FROM ALL RESPONSIBLE

If you or a loved one suffered a workplace injury in Virginia you may be entitled to various types of workers’ compensation benefits, depending on the nature and severity of your injury.

These benefits are designed to cover medical expenses, compensate for lost wages, and provide support in case of permanent disability or the need for vocational rehabilitation. The following is an overview of the types of benefits that may be available:

• Medical Benefits. These cover all necessary medical treatment related to your workplace injury or illness, including hospital visits, medications, surgeries, and any ongoing care. The goal is to ensure you receive the treatment needed to recover without bearing the financial burden.

• Temporary Total Disability (TTD) Benefits. If your injury prevents you from working at all during your recovery, TTD benefits are designed to compensate you for your lost wages. Typically, these benefits amount to two-thirds of your average weekly wage, up to a maximum limit set by the state.

• Temporary Partial Disability (TPD) Benefits. If you can return to work but in a limited capacity (earning less than before your injury), TPD benefits make up a portion of the difference between your pre-injury wages and your current earnings.

• Permanent Partial Disability (PPD) Benefits. These are awarded if your injury results in permanent impairment but doesn’t completely prevent you from working. Compensation is determined based on the specific body part affected and the degree of impairment.

• Permanent Total Disability (PTD) Benefits. If you’re unable to return to any kind of employment due to your injuries, PTD benefits provide long-term financial support. Qualifying injuries typically include loss of both eyes, hands, arms, feet, legs, or a combination that prevents gainful employment.

• Vocational Rehabilitation. If you can’t return to your previous job due to your injury, you may be eligible for vocational rehabilitation services. These services aim to help you find new employment or retrain for a different position that accommodates your limitations.

• Death Benefits. If a workplace injury results in death, the worker’s dependents may receive death benefits. These include compensation for lost wages and coverage of funeral and burial expenses.

As experienced Virginia workers’ compensation attorneys, we can help clarify what benefits apply to your situation and ensure you receive the maximum compensation available under Virginia law.

In Virginia, the law mandates that injured workers report their injuries to their employer within 30 days and file a claim with the Virginia Workers’ Compensation Commission within two years. Adhering to these deadlines is crucial for your case. Our firm can help ensure that all necessary steps are taken promptly and accurately, safeguarding your claim from being rejected due to technicalities.

If you sustain an injury at work or during a work-related activity in Virginia, it’s crucial to take immediate action to protect your rights and ensure you receive the appropriate compensation. Here’s what you should do:

• Report the Injury to Your Employer Promptly. Inform your employer about the incident as soon as possible. Delaying beyond 30 days could jeopardize your claim, as Virginia law requires timely reporting. Quick reporting also prevents any dispute about the injury occurring outside of work, which could be argued if there’s a significant delay in reporting.

• Seek Immediate Medical Attention. Don’t wait to get medical help. Seeing a healthcare provider not only supports your health and recovery but also provides documented evidence of your injury and its severity, which is vital for your claim.

• Follow Your Doctor’s Recommendations. Adhering to the treatment plan prescribed by your healthcare provider is important for your recovery and demonstrates your commitment to getting better, a factor that can influence the outcome of your claim.

• File a Claim with the Virginia Workers’ Compensation Commission. To formalize your claim and start the compensation process, you must file with the Commission. This step is critical in securing your rights to benefits.

• Consult with a Workers’ Compensation Attorney. Consider reaching out to a workers’ compensation lawyer for a free consultation. An attorney can provide valuable guidance on your rights, the compensation you might be entitled to, and the best course of action for your situation. They can also assist you in navigating the complex process of filing claims and appeals, if your claim is denied.

We support clients through every phase of their workers’ compensation claims, from the initial filing to any necessary appeals. Our goal is to ensure you understand your rights and receive the full benefits you deserve for your work-related injury.

If your workers’ compensation benefits are denied or prematurely ended in Virginia, you have several options for challenging the decision:

• Request for Reconsideration. You can file a motion asking the Deputy Commissioner to reconsider the decision on your claim. This step allows you to provide additional evidence or clarify any misunderstandings.

• Appeal to the Full Workers’ Compensation Commission. If reconsideration does not change the outcome, you can escalate your appeal to the full commission for a review of your case.

• Further Appeals. Should the commission’s decision remain unfavorable, you can appeal to the Court of Appeals of Virginia and, if necessary, petition the Supreme Court of Virginia to review your case.

Each of these steps has specific procedural requirements and deadlines. It’s crucial to act promptly and follow the correct procedures to enhance your chances of a successful appeal. Seeking assistance from an experienced workers’ compensation lawyer with experience in Virginia workers’ compensation denial can be invaluable.

As Virginia workers’ compensation appeal attorneys, we can help you understand your rights, prepare your appeal, and represent you throughout the process, ensuring that you have the best possible chance of overturning the denial of your claim.