How to Claim Workers Compensation in Virginia

There's a lot you may not understand about worker's compensation in Virginia, and you might think it doesn't really matter. After all, you can learn all about it if you ever get injured on the job, right? But by that time, it might be too late.

Here's a complete breakdown of workers' compensation claims in the state of Virginia, including what may be the most important aspect — how to file a claim if you've been injured as a result of your job.

Many people believe that workers' comp is only for people who are injured on the job. In reality, a claim can be made for a much wider variety of reasons. Sure, the majority of workers' compensation payouts are the result of automobile crashes and accidents at factories and worksites, but many people don't realize how many different types of injuries and diseases can entitle you to file a claim.

For example, construction accidents are extremely common, but so are occupational diseases , like cancers and lung diseases from long term chemical exposure. Even office workers — carpal tunnel, eye damage from blue light overexposure — can be injured by the inability of their employer to take steps to limit these hazards.

You might have been told that the process of getting compensated for an accident or disease suffered as a result of your occupation starts when you file the claim. In actuality, it starts as soon as the accident occurs or the disease is discovered.

Yes. In fact, if you fail to report a workplace injury within 30 days of the incident, your claim may be denied ( learn more here ). If, after learning of your condition, your employer offers to cover medical care or lost wages, you can still file a claim — any of these payments may be considered in the hearing, but it shouldn't stop you from pursuing the just rewards you deserve.

To officially start a claim for workers' compensation in Virginia, you'll need to fill out the state's standard Claim Form , available from the Virginia Workers' Compensation Commission. This needs to be filled out within two years of your injury for it to be valid. You can submit it in person, by mail, by fax, or through the state's WebFile system.

The claim form is only one sheet, but this part is important: you should submit other materials as part of your claim . One key component of this is medical documentation. Successful workers' compensation claims don't always go to court. They're often paid by your employer's insurance company, and just like how your health insurer has to see documentation before they authorize a medical procedure, a statement from a medical professional detailing the validity of your claim greatly increases the chance of a successful claim.

In Virginia, a workers' compensation claim is meant to cover the costs of dealing with an injury. That means, depending on the nature and the severity of the injury or illness in question, you can receive the following as a result of your claim:

• Medical reimbursement : Many workplace accidents result in a hospital stay, or at least medical and rehabilitative services. Your employer is always liable for these.
• Indemnity : When you miss work because of an injury, you're likely going to lose wages. Indemnity covers both wages lost because of missed work now and also, may cover wages lost in the future due to a diminished ability to do the same work.
• Death Benefits : If you die as a result of employer negligence, your family is entitled to collect benefits through workers' compensation.
• Vocational Training : If a workplace injury affects your ability to do your job, your employer may be compelled to cover the costs of vocational training for another industry or position.

You should consult an experienced workers' compensation lawyer in Virginiato help you fill out your claim form, but also, in the event that your claims are denied. In this case, a hearing occurs where you must prove liability and the extent of the compensation you're owed — an area where an experienced attorney can make sure your best interests are represented.