Virginia Work Injury Lawyers

Workers' Compensation Eligibility

If you are injured while performing job duties in Virginia, you are likely entitled to workers’ compensation benefits. Is your workers’ compensation eligibility a matter of dispute? In the Richmond, VA, area, injured workers can rely on Reinhardt Harper Davis, a law firm that specializes in workers’ compensation cases.

workers comp formEmployees are eligible for workers' comp regardless of whether they are "at fault" for an injury, and even subcontractors have a right to workers’ compensation. It is important to understand your rights and to seek help if your eligibility is disputed. To schedule a free consultation with an experienced attorney, please contact Reinhardt Harper Davis today.

Our firm has spent decades assisting injured clients with workers’ compensation claims, including denials and appeals.

Facts about Workers’ Compensation Eligibility

Workers’ compensation laws differ in every state. Federal employees working in Virginia are covered by different laws,* but most employees are governed by state laws administered by the Virginia Worker’s Compensation Commission (VWC).

Workers’ compensation insurance is mandatory for any Virginia enterprise or business that has three or more part-time or full-time employees. For these purposes, an “employee” is anyone in service to another under a contract for hire, written or implied. This includes subcontractors (and the employees of subcontractors), corporate officers, minors, undocumented workers, working family members, apprentices, and temporary and seasonal workers. Domestic workers and unpaid volunteers are generally not covered by workers' comp.

To be eligible for workers’ compensation benefits, your injury or occupational illness must be directly work-related. Virginia provides coverage for a broad range of accidents and conditions, including disabilities arising after years of work on repetitive tasks.

Claiming Benefits

The workers' compensation claim process can be complicated, requiring compliance with many procedural rules and deadlines. The injury should first be reported to your employer, who must submit a claim to the VWC within 10 days. You will then receive an official letter with instructions for using the agency’s online system. All claims must be submitted within two years of the date of injury.

Workers’ compensation covers all related medical treatment and prescriptions, and injured workers can receive 66 2/3% of lost wages for up to 500 weeks. If partial impairment is deemed to be permanent, you may be eligible for continuing benefits even after you return to work in a limited capacity. 

Permanent total disability benefits are awarded to workers who are not able to return to the workforce at all. These cases involve catastrophic injuries such as brain trauma, paralysis, loss of body parts, or blindness. If a workplace fatality occurs, the family may be entitled to survivor’s benefits. 

Legal Help For Injured Workers

Our firm has spent decades assisting injured clients with workers’ compensation claims, including denials and appeals. Specializing in personal injury, workers’ compensation and social security disability law, we find great satisfaction in assisting victims and families in securing the benefits to which they are entitled.

Victims who accept workers' compensation generally forfeit the right to sue the employer for negligence, although there can sometimes be third-party lawsuits. An example would be injury in a car accident while on the job or an accident caused by a dangerous product.

Contact Us

If your workers’ compensation eligibility is in question, get the answers you need from the dedicated attorneys at Reinhardt Harper Davis. We offer free consultations in our Richmond and Fredericksburg offices. Please don't hesitate to contact us today. Se habla espanol.

*The Federal Workers’ Compensation Act is administered by the Division of Federal Employees Compensation (DFEC).

Contact Us