Answering 24/7 276-623-0808

Helping Injured Workers Across Virginia Obtain the Benefits They Deserve

If you were injured on the job in Virginia, you may be entitled to workers’ compensation benefits, including medical treatment, wage replacement, and compensation for permanent impairment. But the claims process is rarely simple. Delays, denials, and disputes are common—even in cases with clear-cut injuries.

At The Law Offices of Mark T. Hurt, we’re here to help you every step of the way. With over 25 years of experience and offices across Virginia and West Virginia, our firm is dedicated to protecting the rights of injured workers. Whether you’re just starting a claim or you’ve been denied benefits, we’re ready to fight for the full compensation you’re owed under Virginia law.

We offer free consultations and handle workers’ compensation cases on a contingency fee basis—meaning you don’t pay unless we win compensation for you.

What Is Workers’ Compensation in Virginia?

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or occupational illnesses. Employers with two or more employees are generally required to carry this insurance.

Under Virginia law, workers’ compensation covers:

  • Medical expenses related to your work injury
  • Lost wages while you’re unable to work
  • Disability benefits (partial or total)
  • Vocational rehabilitation
  • Death benefits for surviving family members of workers who suffer fatal injuries

The system is “no-fault,” meaning you typically don’t need to prove your employer was negligent to receive benefits. However, eligibility rules are strict—and insurance companies frequently dispute claims.

What Should I Do After a Workplace Injury in Virginia?

If you’ve been hurt on the job, here are the essential steps to protect your health and your workers’ compensation claim:

1. Report the injury to your employer as soon as possible. You must notify them within 30 days, or your claim may be denied.

2. Seek medical treatment immediately. Your employer or their insurance carrier may require you to see a doctor from a panel of physicians.

3. Document everything—including when, where, and how the injury occurred. Keep a record of witnesses and medical visits.

4. File a claim with the Virginia Workers’ Compensation Commission (VWCC) within two years of the accident or diagnosis.

5. Consult a Virginia workers’ compensation lawyer to avoid mistakes and protect your rights from the start.

Call The Law Offices of Mark T. Hurt today at 276-579-8015 for a free consultation. We can help ensure every deadline is met and that your case is properly filed.

What Injuries Are Covered by Workers’ Compensation?

You may be eligible for benefits if your injury:

  • Happened at a specific time and place during work
  • Was caused by a work-related task or hazard
  • Resulted in a need for medical care or time off work

Common workplace injuries include:

  • Falls and slips
  • Repetitive stress injuries (like carpal tunnel)
  • Back, neck, and spinal injuries
  • Machinery and equipment accidents
  • Construction site injuries
  • Burns, lacerations, or crush injuries
  • Occupational illnesses (like chemical exposure or lung disease)

Some exceptions apply—injuries caused by intoxication, horseplay, or non-work activities may not be covered.

Who Qualifies for Workers’ Compensation in Virginia?

To qualify, you must meet the following conditions:

  • Be classified as an employee (not an independent contractor)
  • Work for an employer with two or more employees
  • Suffer a work-related injury or illness
  • File a claim within the legal time limits

If your employer argues that you’re an independent contractor or otherwise not eligible, we can seek to challenge that determination and advocate for your rights.

Virginia Workers’ Compensation Lawyer

How Much Does Workers’ Compensation Pay in Virginia?

Injured workers in Virginia may be entitled to receive:

  • Temporary total disability benefits—two-thirds of an individual’s average weekly wage while they are unable to work
  • Temporary partial disability—if you return to work at a lower-paying or light-duty job
  • Permanent partial or total disability—if your injury results in long-term loss of function
  • Lifetime medical benefits—for reasonable and necessary treatment related to your injury
  • Reimbursement—for mileage to and from medical appointments, prescriptions, and durable medical equipment

Let our team of experienced Virginia workers’ compensation attorneys review your case and help estimate the full value of your workers’ compensation claim.

What Should I Do If My Workers’ Comp Claim Is Denied?

Don’t panic—a denial is not the end of the road. Common reasons for denial include:

  • Disputes about whether the injury was work-related
  • Allegations that the worker failed to report or file on time
  • Claims of pre-existing conditions
  • Employer arguments that the injury was due to misconduct

If your claim is denied, you have the right to:

  • Request a hearing before the Virginia Workers’ Compensation Commission
  • Submit medical records and witness testimony
  • Be represented by a workers’ compensation attorney at every stage of the appeal

Call us right away if your claim was denied. We can handle all aspects of the appeals process and seek to overturn unfair decisions.

How Long Can I Receive Workers’ Comp Benefits in Virginia?

The length of time depends on the nature and severity of your injury:

  • Temporary disability benefits may be available until you return to work or reach maximum medical improvement (MMI)
  • Permanent disability benefits may last up to 500 weeks—or longer for catastrophic injuries
  • Lifetime medical coverage is available for ongoing treatment related to your work injury
  • Death benefits are available for eligible surviving family members for up to 500 weeks

Every case is different. We can help you understand how long your benefits may last and what to expect.

Can I Sue My Employer Instead of Filing for Workers’ Comp?

In most cases, no. Virginia workers’ compensation law typically prohibits employees from suing their employers for workplace injuries.

However, exceptions may apply:

  • If your employer failed to carry workers’ compensation insurance as required by law
  • If a third party (such as a subcontractor, driver, or manufacturer) was responsible for your injury

In those cases, our dedicated Virginia workers’ compensation attorneys may be able to pursue a third-party personal injury claim in addition to workers’ compensation benefits.

Contact us for a free evaluation to see if a third-party claim may apply in your situation.

What If I Was Hurt in a Workplace Accident That Turned Fatal?

The Virginia Workers’ Compensation Act allows surviving spouses, children, and certain dependents to receive death benefits when a loved one dies due to a work-related injury or occupational illness. These benefits may include:

  • Wage replacement up to 500 weeks
  • Funeral and burial expenses
  • Lifetime benefits for totally dependent spouses or disabled children

If you’ve lost a loved one in a work-related incident, you deserve compassionate, experienced guidance.

Call The Law Offices of Mark T. Hurt to learn about your rights and how to file a claim for death benefits.

Why Hire a Virginia Workers’ Compensation Attorney?

While it is possible to file a claim on your own, injured workers are often at a disadvantage when going up against experienced insurance adjusters. A Virginia workers’ compensation lawyer can:

  • Ensure your claim is properly filed and supported
  • Help you get medical evaluations from qualified providers
  • Advocate for maximum wage and disability benefits
  • Negotiate favorable settlements
  • Represent you in hearings and appeals

At The Law Offices of Mark T. Hurt, we fight to protect the financial future of injured workers and their families. We are committed to making sure you receive every benefit the law provides.

Our Contingency Fee Guarantee

We represent injured workers on a contingency fee basis—you pay no attorney fees unless we recover compensation for you.

Under Virginia law, attorney fees in workers’ compensation cases are capped at 20% of the recovered amount and must be approved by the Virginia Workers’ Compensation Commission.

We’re upfront and transparent about fees. You’ll never owe us anything unless we win your case.

Schedule A Free Consultation with a Virginia Workers’ Compensation Lawyer Today

If you’ve been injured at work or are struggling with delays, denials, or disability, don’t go it alone. At The Law Offices of Mark T. Hurt, we proudly represent hardworking Virginians in Abingdon, Roanoke, Bristol, Hillsville, Wytheville, Salem, and throughout the region.

Schedule your free consultation now by calling or filling out our contact form. Let us help you get the full benefits you deserve.

Client Review

“Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was SIX TIMES more than the offer my first lawyer tried to get me to take.”

- Jerry C.

Ready To Help You

Our Attorneys

schedule a free consultation

Contact The Law Offices of Mark T. Hurt

Opt Out of Text Messages?
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form
This field is hidden when viewing the form