If you’re injured on the job in Smyth County, the aftermath can be overwhelming. Medical bills, lost wages, and the stress of recovery can take a toll, not to mention pain from the injury itself. If you’ve been injured on the job, we can help. With over two decades of experience in workers’ compensation law, I understand the intricacies of the system and can guide you through every step.
If you or a loved one was injured at work, I invite you to call my office to schedule a free consultation. As a workers’ compensation attorney who has successfully handled numerous Virginia workers’ compensation claims, I can help you understand the benefits to which you are entitled, and work vigorously in seeking that you obtain all such benefits. If your claim is wrongly denied or your benefits prematurely terminated, I can appeal these determinations and seek a favorable outcome that provides for you and your family.
What Types of Benefits Are Available Under Workers’ Compensation Claims Filed in Smyth County?
If you or a loved one has been injured on the job in Virginia, you could be entitled to workers’ compensation benefits, including:
- Medical Benefits. These cover all necessary and reasonable medical treatments related to a workplace injury. This includes hospital stays, surgeries, medications, physical therapy, and other treatments. The employer or their insurance carrier typically pays these costs directly to the healthcare provider.
- Temporary Total Disability (TTD) Benefits. If an individual is unable to work because of an on-the-job injury or illness, TTD benefits can provide a portion of their lost wages, typically two-thirds of their average weekly wage, up to a maximum limit set by the state.
- Temporary Partial Disability (TPD) Benefits. If an injured worker can return to work but in a limited or reduced capacity (earning less than before the injury), TPD benefits can help bridge the wage gap. These benefits make up the difference between the reduced earnings and the pre-injury wages up to a specified limit.
- Permanent Partial Disability (PPD) Benefits. If an injury leads to a permanent impairment but doesn’t entirely prevent someone from working, PPD benefits come into play. The compensation amount and duration depend on the severity of the impairment and the body part affected.
- Permanent Total Disability (PTD) Benefits. For severe injuries that permanently prevent an individual from returning to any form of work, PTD benefits provide long-term financial support. These benefits are typically a percentage of the average weekly wage and may continue until the defined retirement age.
- Death Benefits. If a worker tragically dies due to a workplace injury or illness, their dependents (such as a spouse or children) may be eligible for death benefits. These benefits can cover funeral expenses and provide financial support based on the deceased worker’s wages as provided under state law.
- Vocational Rehabilitation. If an injury prevents a person from returning to a previous job, vocational rehabilitation services can help. These services provide training, education, and other resources to help injured workers find new employment suited to their post-injury abilities.
If you’ve been hurt at work, understanding these benefits is crucial to ensuring you receive the full compensation to which you’re entitled. If you’re facing challenges with your workers’ compensation claim in Virginia, I invite you to call my office to schedule a free consultation to learn more about your legal rights and options.
Am I Eligible for Workers’ Compensation if I Am Partially at Fault for My Work-Related Injuries?
Virginia operates on a “no-fault” system for workers’ compensation. This means that, in most cases, the cause of the injury—whether it was the employee’s mistake, a coworker’s error, or even an employer’s negligence—doesn’t typically affect the injured worker’s right to benefits. The primary focus is on whether the injury occurred while you were performing your job duties or as a result of your employment.
While the no-fault system is designed to protect workers, there are a few exceptions where compensation might be denied:
- Intentional Self-Harm. If it’s determined that the injury was self-inflicted with an intent to harm oneself, compensation may be denied.
- The Commission of a Serious Crime. If the injury occurred while the worker was committing a serious crime, benefits might be withheld.
- Intoxication. Injuries sustained while the worker was under the influence of drugs or alcohol which directly led to the injury may not be covered.
It is important to understand that there will be a presumption that worker’s compensation benefits are due if an injury occurred on the job.
Regardless of the circumstances surrounding your injury, it is crucial to report the incident to your employer as soon as possible. If there’s any doubt about your eligibility, consulting with a Smyth County workers’ compensation attorney can provide clarity. As an experienced lawyer with decades of helping the injured, I would look forward to helping you understand your rights and guide you through the process, ensuring you receive the benefits you deserve.
Should I Take a Lump Sum Workers’ Compensation Settlement?
One of the challenges that severely injured workers face is understanding future medical treatment benefits. While it might be tempting to take a cash settlement in lieu of future payments in the case of a serious injury, it’s essential to know the long-term implications of the injury. Keeping lifetime medical benefits open offers several advantages:
- Full coverage for injury-related treatments, even co-payments.
- Protection against inflation and rising healthcare expenses.
- Assured care without the hassle of negotiating with healthcare providers.
- Continued transportation benefits to and from medical appointments.
However, in some cases, opting for a lump-sum buyout might be beneficial, especially if you’ve reached maximum medical improvement. If you need assistance determining whether a settlement may be advantageous, call my office to schedule a free consultation.
How Much Does It Cost to Hire an Experienced Smyth County Workers’ Compensation Lawyer?
I represent injured Smyth County workers on a contingency fee basis. This means that you don’t pay any upfront fees or hourly rates for legal representation. Instead, my fee is based upon a percentage of any settlement or award received. If an individual does not win their case or receive a settlement, there is no legal fee, regardless of how much time has been spent.
In Virginia, the Virginia Workers’ Compensation Commission sets a cap on the contingency fees that attorneys can charge for workers’ compensation cases. This is usually a percentage (often around 20%) of the award. All fees and costs are thoroughly disclosed in a retention agreement by which our firm is retained.
Why Choose Mark Hurt for Your Workers’ Compensation Claim in Smyth County
With over two decades of experience, I’ve represented countless Smyth County residents with their workers’ compensation claims. My deep expertise ensures that clients get the maximum benefits they deserve.
If you or a loved one in Smyth County has suffered a workplace injury, don’t navigate the complex world of workers’ compensation alone.
Contact The Law Offices of Mark T. Hurt today to schedule a free consultation.