Marion, VA Work Injury Lawyer & Virginia Workplace Accident Attorney
Working at a construction site or a biohazard area can be full of danger. From falling stones to breathing toxic fumes, all of these things can cause short-term or long-term problems. However, this is not where work injuries end. Sometimes, work injuries occur in corporate environments or are caused by the negligence of third parties. Whatever the circumstances, if you are injured during work, you have a right to hire a Marion workplace injury lawyer to help you aggressively fight for the compensation and treatment you deserve.
When it comes to obtaining Virginia workers’ compensation benefits, the most challenging part is often the requirements of following the claims process. This article will explain a worker’s rights after incurring a workplace jury and the basics of the Virginia workers’ compensation claims process.
I Was Injured At Work. What Are My Rights?
Employers in every state are required to provide a safe and healthy environment for their employees. Moreover, in case of a work injury, employers are legally obliged to compensate their employees financially. Additionally, employers must also obtain workers’ compensation insurance if they fall within the statutory guidelines requiring such coverage.
According to the Virginia Compensation Commission, employers with more than two part-time or full-time employees must carry workers’ compensation insurance. Regardless of the employment nature, all employers need to have workplace injury insurance because health-related issues can arise anywhere.
Workers’ compensation refers to a type of employer insurance that is meant to provide injured employees with compensation for work-related injuries. No matter who is to blame for an injury, the individual is entitled to benefits if the condition is covered. This ensures that workers are protected and safe while on a job site, even in situations where they may not believe they are working in an unsafe environment. Additionally, under workers’ compensation laws, injured workers do not need to prove that the company was negligent in order to obtain benefits.
What Types of Injuries are Covered Under Virginia’s Workers’ Compensation Law?
To be eligible for workers’ compensation, an accident or injury must occur while an employee is working or doing something on behalf of an employer. Under the Virginia Workers’ Compensation Act, an injury must:
- Have occurred at work or during a work-related function,
- Be caused by a specific work activity, or
- Have happened suddenly at a specific time.
Injuries that result outside of the scope of employment are not covered.
How Can I Protect My Rights at the Workplace?
The easiest way to protect your rights at a workplace is to report your injuries to your employer. Most states require employees to report their injury within a certain period; however, this is not possible at all times. In Virginia, an injured employee normally is required to provide written notice to an employer no later than 30 days from the date an accident occurs. Further, a claim must be filed within two years of an injury with the Virginia Workers’ Compensation Commission.
What Rights Do I Have After a Work Injury in Virginia?
In Virginia, employees are entitled to the following fundamental rights:
- An employee has the right to file a claim concerning injuries with the workers’ compensation court or the state industrial court.
- An injured worker has a right to pursue medical assistance.
- If a physician permits an individual to continue working, he or she has the right to return to their original post freely.
- If an injured employee cannot return to work due to a permanent or temporary injury and is advised by a doctor to rest, they have a right to file a workplace disability claim.
- In case of disagreements with the workers’ compensation court, an employer, or an insurance company, a person has the right to appeal an unfavorable determination.
To fully grasp your rights as an employee, you need to understand your rights to refuse. For instance, if your employer asks you to cover your medical expense through personal insurance, you have every right to say “No.” If you were injured in a work-related injury in Virginia, you also have the right to hire an experienced Marion workplace injury lawyer who can tenaciously fight to get everything to which you are rightfully entitled.
What Types of Benefits Can I Recover for a Work Injury in Virginia?
At The Law Offices of Mark T. Hurt, we understand the severe financial implications that can arise after a debilitating work injury. For this reason, we do everything in our power to build the most persuasive and robust case for maximum compensation for our clients. If you or a loved one were injured in a work accident, you might be entitled to compensation for the following:
- payment for expenses related to an injury or work-related disease (including doctor’s visits, medical therapy, prescriptions, transportation expenses, etc.)
Replacement of Lost Wages for Temporary Total or Temporary Partial Disability:
- partial or full wage loss replacement for a medically authorized disability from employment
Permanent Partial Disability:
- compensation for loss of physical capacity (such as loss of use of a limb, loss of hearing or vision, amputation, lung disease, scarring or disfigurement)
- mileage reimbursement (if eligible)
- if an injury results in death, a surviving spouse, children, or certain other dependents may be entitled to compensation for wage loss and funeral and burial costs
It can be challenging to put a price on damages, especially for consequences such as scarring or loss of vision. However, Attorney Mark Hurt has over three decades of experience in assisting injured workers, and he can assess the facts of your case and provide an estimate of the full benefits to which you may be entitled.
What if My Work Injury Is Caused by Third Party Negligence?
Sometimes workplace injuries are caused in whole or in part by a person, company, or other entity than the person’s employer or a co-worker. For example, in construction areas, a worker may be injured as the result of the negligence of another construction company at the work site. In this case, the injured worker would be entitled to workers’ compensation benefits from their employer, and they could separately sue the other construction company for their liability.
Civil lawsuits for work-related injuries can result in significantly more compensation than a traditional workers’ compensation claim. For example, in the case of a workplace injury, a person is only entitled to recover compensation for medical treatment, lost wages, and loss of future earnings. However, under a civil lawsuit for a work-related injury, a victim may be entitled to compensation for pain and suffering, a category of non-economic damages.
What Should I Do If I Am Injured at Work in Marion, VA?
If you or a loved one was injured during a work-related activity, you should:
- Immediately report the injury to the employer
- File a claim with the Virginia Workers’ Compensation Commission (no later than two years after an accident)
- Attend all doctor’s visits and comply with any prescribed treatment plan
- Contact The Law Offices of Mark T. Hurt to Schedule a Complimentary Consultation
How Much Will I Get Paid if I Can’t Work?
Subject to certain conditions, under Virginia’s workers’ compensation laws, employers must pay injured workers compensation equal to 66.67% of the employee’s average weekly wages if they are unable to work. Compensation cannot exceed five hundred weeks, except in the case of permanent or total incapacitation or disability. If your employer refuses to provide compensation or tries to make you return to work before you are physically capable of doing so, call our office to learn how we may be able to help you.
Our Diligent Team of Workplace Injury Lawyers Can Be At Your Service.
While filing a workplace injury claim might seem easy, it typically is not. Extensive paperwork and documentation must be compiled and submitted to substantiate an injury. However, while recovering, it can become challenging for a worker to fight a case and focus on their health.
Moreover, insurance companies often try to limit their financial exposure, such as by claiming that continued treatment is not medically necessary. This is one reason that it will be helpful to have an experienced workers’ compensation lawyer in your corner.
At The Law Offices of Mark T. Hurt, we take excellent care of our clients and help ease the burdens associated with workers’ compensation claims. Call us today to schedule a complimentary consultation with Marion work injury lawyer Mark Hurt.