Virginia’s workers’ compensation system is supposed to protect you. It requires employers to provide medical care and wage replacement when an employee is hurt at work. But the system only works when someone holds the insurance company accountable.
Our Martinsville, VA workers’ compensation lawyer has been doing exactly that for more than 30 years. We fight denied claims, challenge lowball settlement offers, and make sure injured workers in Martinsville and Henry County get the benefits the law provides.
Mark T. Hurt focuses on serious personal injury cases and workers’ compensation claims. He earned his bachelor’s degree from the University of Virginia and his J.D. from Duke University School of Law. He’s been representing injured workers for over three decades, and he brings a litigator’s mindset to every case.
P. Heith Reynolds concentrates on workers’ compensation, Social Security disability, and personal injury law. He graduated from the University of Virginia School of Law and has practiced for more than 30 years. Heith understands the Virginia Workers’ Compensation Commission, the administrative hearing process, and the tactics insurance companies use to deny or undervalue claims.
Mingkwan Emme Collins practices in workers’ compensation and occupational disease. She earned her J.D. through the Virginia Law Readers Program and is admitted to the Virginia State Bar.
The firm has recovered millions of dollars for clients across all practice areas, including $531,296 for an injured coal miner, $438,737 for an injured worker, and $375,000 for a worker struck by a street sweeper truck.
Martinsville’s economy has changed substantially over the past several decades. Where textile mills and furniture factories once employed thousands, workers today are spread across manufacturing, logistics, healthcare, construction, and retail. Each industry brings its own workplace hazards, and we have handled claims from all of them.
We represent injured workers on a contingency fee basis. You pay no attorney’s fees unless we recover benefits for you. The initial consultation is free.
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“Angela was fantastic at helping me recall and gather my medical information today. With so many doctors and diagnoses plus a fuzzy memory, I sometimes over look information that is vital. It’s very important to have someone in my corner to keep me on track.” — Clarissa Malone
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Workers in Martinsville and Henry County are employed across a range of industries. We handle all types of job injury claims.
Virginia’s Workers’ Compensation Act is codified in Title 65.2 of the Code of Virginia. The law requires most employers to carry workers’ compensation insurance. When an employee is injured by accident arising out of and in the course of employment, the employer is responsible for providing medical treatment and wage replacement benefits.
You must report your injury to your employer within 30 days under Virginia Code § 65.2-600. Failing to report within this window can jeopardize your claim, though there are limited exceptions. A formal claim for benefits must be filed with the Virginia Workers’ Compensation Commission within two years of the date of the accident. For occupational diseases, the deadline is two years from diagnosis or five years from last injurious exposure, whichever comes first.
Virginia is a contributory negligence state for general personal injury claims, but workers’ compensation is a no-fault system. That means you do not need to prove your employer was negligent. You only need to show that you were injured by an accident arising out of your employment. However, benefits can be denied if the injury resulted from willful misconduct or intoxication under Virginia Code § 65.2-306.
The employer selects the panel of treating physicians under Virginia law. You must choose a doctor from the employer’s panel, but if the panel wasn’t properly offered or maintained, you may have the right to choose your own provider. This is a common issue in disputed claims, and having a workers’ comp attorney in Martinsville who understands the panel physician rules is important.
Virginia also has specific provisions for occupational diseases under Virginia Code § 65.2-400. Conditions like carpal tunnel syndrome and hearing loss can be compensable as ordinary diseases of life if they arise out of employment. Workers exposed to toxic substances, repetitive motions, or hazardous working conditions may have occupational disease claims in addition to or instead of a standard accident claim.
Another provision worth knowing about: Virginia Code § 65.2-308 prohibits employers from discharging or retaliating against an employee for filing a workers’ compensation claim. If your employer fires you or takes adverse action because you sought benefits, you may have a separate cause of action for wrongful retaliation.
Virginia workers’ compensation provides several categories of benefits.
Medical benefits cover all reasonable and necessary treatment related to the workplace injury. This includes doctor visits, surgery, physical therapy, prescription medications, diagnostic tests, and medical equipment. There are no co-payments or deductibles. The employer and insurer are responsible for the full cost. If your injury requires shoulder surgery or a spinal procedure, workers’ comp pays for it.
Temporary total disability benefits replace a portion of your wages while you’re unable to work. Virginia pays two-thirds of your pre-injury average weekly wage, subject to a state-imposed maximum that adjusts annually. These benefits continue until you return to work or reach maximum medical improvement.
Temporary partial disability benefits apply when you can work in a limited capacity but earn less than your pre-injury wage. The benefit is two-thirds of the difference between your pre-injury wage and your current earning capacity.
Permanent partial disability benefits compensate for lasting impairment after you’ve reached maximum medical improvement. The amount depends on the body part affected and the degree of impairment, as specified in Virginia’s statutory schedule.
Permanent total disability benefits are available in the most severe cases, such as loss of both hands, both feet, both eyes, or any combination of two. These benefits continue for the duration of the disability.
Lifetime medical benefits may be available for injuries that require ongoing treatment. This is a significant benefit, particularly for workers with permanent conditions that need continued medical management.
Death benefits provide compensation to surviving dependents when a workplace injury results in death. These include funeral expenses and ongoing income benefits for the worker’s spouse and dependent children.
If you were hurt on the job in Martinsville, VA, don’t try to navigate the workers’ compensation system alone. Insurance companies have adjusters and attorneys whose sole purpose is to limit what they pay. You need someone on your side who knows the system and will push back.
Our workers’ compensation attorneys offer free consultations and represent every client on contingency. We’ve been fighting for injured Virginia workers for more than three decades.
Contact us to schedule your free case review. We’re ready to get to work for you.
“We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.“
