Virginia Workers’ Compensation Lawyer

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, our Virginia workers’ compensation lawyer is 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.

Understanding 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 bills 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 To 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 our 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 make sure every deadline is met and that your case is properly filed.

Types of Injuries 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:

• Slips and falls
• Repetitive stress injuries (like carpal tunnel)
• Back, neck, and spinal injuries
• Machinery and equipment accidents
• Traumatic brain injuries (TBIs)
• 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.

Determining Eligibility for Workers’ Compensation in Virginia

To qualify for workers’ comp, 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.

How Much Workers’ Compensation Pays 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 You Should Do If Your Workers’ Comp Claim Is Denied

Don’t panic—a denial is not the end of the road. Common reasons for workers’ comp 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
• Mishandling of your workers’ comp claim paperwork or filing

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 workers’ comp claim was denied. We can handle all aspects of the appeals process and seek to overturn unfair decisions.

How Long You Can 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.

Options for Suing Your Employer Instead of Filing for Workers’ Comp

In most cases, 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.

When a Workplace Accident Turns Fatal

The Virginia Workers’ Compensation Act allows surviving spouses, children, and certain dependents to receive wrongful 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.

Reasons to Hire Our 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. By hiring our lawyer, you will get assistance and support, such as:

• Making sure your claim is properly filed and supported
• Helping you get medical evaluations from qualified providers
• Advocating for maximum wage and disability benefits
• Negotiating favorable settlements
• Representing you in hearings and appeals

At our personal injury law firm, 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 Our 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.