How to file for workers compensation in Virginia

There are times when an employee is hurt on the job and will not file a worker's compensation claim because they don't want to file a lawsuit against their employer and possibly jeopardize their employment. They worry that filing the claim will make their bosses angry and lead to their firing.

While this is entirely understandable for the injured employee to feel this way, it will probably not happen because it is illegal for an employer to fire an employee for filing a claim for worker's compensation.

The actual claim for workers compensation is filed against the insurance company of the employer. This type of insurance coverage is also mandatory for employers in the state of Virginia.

If you are injured on the job, it is best to safeguard your legal rights to benefit by filing a claim.

There are multiple types of benefits available in the state of Virginia, including:

Cash payments for wages lost because of your work-related illness or injury. Permanent disability payments are for injuries that cause permanent harm as with vision or hearing loss. Partial disability payments are also available.

Medical benefits to cover your medical expenses are also  to be paid by your employer and their worker's compensation insurance for injuries that occur at work.

Regardless of the type of illness or injury you suffer at work, it is vital to file a worker's compensation claim to ensure your legal rights are protected.

If you are injured at your place of employment, it is essential to let your employer know and complete the formal worker's comp claim for benefits as soon as possible. Completing the form will help you make sure your benefits are processed right away.

There is a quicker way to file the benefit request form, and it can be completed online using a service called WebFile. You will want to get registered with the commission of Virginia before gaining access to it.

There is also a paper claim that can be filed. The benefits form can be printed and mailed or taken in person to the commission's office. The paper claim for benefits can only be sent to the main headquarters located at the following address:
333 East Franklin St
Richmond, VA 23220

The other available option is to fax the benefits claim form to their office at 804.367.6124, although it may be better to file it online or take it to the commission's main headquarters for processing. Another option is to send your claim by certified mail with a return receipt to ensure it was delivered.

You can also hire a workers compensation attorney and have them file your initial claim and other pertinent applications. The benefit of having an attorney do this for you is that there is little chance they will make costly mistakes on your paperwork or by missing a deadline.

A claim an actual written statement detailing the claim and litigation. The written report is meant to define the main issues between the injured employee, the employer, and their insurance carrier.

Legally, it also formally notes the concept of the law's due process, where the employee is informing their employer and the insurance company about the claim and what is being requested so that they can reply to the claim in court.

Also, the judge that will be handling the case must know all of the issues along with the evidence presented. They need to have the facts and documentation to preside over the court hearing.

There are two central parts to the worker's compensation commission's claim for benefits, including parts A and B. You will want to complete the form after consulting with an attorney to protect your interests.

Part A is composed of the injured employee's necessary information, a description of the accident or illness, and wage information.
Part B of the benefits claim form will want you to provide details for the benefits you are requesting.

There is a particular protocol as well in Virginia when claiming benefits. It is important not to claim temporary and permanent disability benefits at the same time because they are only payable at different times and under certain circumstances.

This is another reason why it is vital to speak with a lawyer before filing a workers comp claim.

While it is not required to include your pay stubs and medical records with your claim, it is essential to submit this information with your claim.

Filing this information will support your claim and keep it moving along without any delays.

In addition, filing your medical reports and records will send a clear message to the insurance company that you are protecting your legal rights and are entitled to all of the benefits available in your claim. Preparation is essential.

It is vital to file a claim for benefits in the state of Virginia as soon as an employee is injured or diagnosed with a work-related illness. You do not want to delay the benefit filing under any circumstances because it will create problems for you and your case.

In the state of Virginia, there is a statute of limitations on these claims that can stop you from received benefits. There is a two-year limit from the date of the work-related diagnosis or accident.

In addition, if you delay the filing by even days or weeks, your employer's insurance company may deny the claim arguing legitimacy. By filing right away, the commission can also schedule your claim for a court trial sooner.

Finally, contact your worker's compensation attorney to seek expert legal counseling and assistance. Our team is happy to provide a free consultation today. Call (804) 873-4004 now and speak to someone about your case.