Virginia Work Injury Lawyers

Workers’ Compensation FAQ

 The lawyers at Reinhardt, Harper, Davis PLC invite you to read this workers’ compensation FAQ, which can help you become familiar with the process, deadlines, and other aspects of pursuing compensation following an on-the-job injury. Our attorneys are available to answer your questions, and can provide the representation necessary to help you collect benefits. Please contact us online or call (800) 884-9507 to schedule a consultation.

Knowing your rights can make all the difference in the outcome of your claim.

Can I Collect Workers’ Compensation Benefits Even if the Injury Was My Fault?

Workers’ compensation is considered a “no-fault” system. This means that even if you unintentionally caused your injury, you can still file a claim and receive benefits. If you purposely injured yourself, however, your claim can be denied.

What if My Injury Happened Off-Site?

Some off-site injuries are covered by workers’ compensation while others are not. An accident during your commute to and from work each day, for example, is not covered. However, if you left work in the middle of the day to run an errand for your boss and you were in an accident, that would be covered. If you are unsure whether you have a workers’ compensation claim, talk with one of our attorneys.

Workers’ compensation is considered a “no-fault” system. This means that even if you unintentionally caused your injury, you can still file a claim and receive benefits.

Is There a Filing Deadline in Virginia?

There is a statute of limitations, or time limit, for the filing of these claims. While you must report the accident and injury to your employer within 30 days of the incident to file a claim, you must also report it to the Virginia Workers’ Compensation Commission within two years of the injury.

How Do I File an Initial Claim?

Once you report your injury to your employer, they will give you the necessary paperwork to file your claim. They will submit this paperwork to their insurance carrier who will approve or deny your claim. It is advisable to hire an attorney to help file your claim. If you go it alone and your claim is denied, you should speak with an attorney to explore your appeal options.

What Do Workers’ Compensation Benefits Cover?

If your claim is approved, your benefits will cover all medical bills relating to your injury. Additionally, you are entitled to reimbursement for any lost wages due to time missed from work while recovering. Generally, this reimbursement only covers about two-thirds of your pay, but it is tax-free.

What are My Options if My Claim is Denied?

If your claim is denied, you can file an appeal with the Virginia Workers’ Compensation Commission. You may have to attend one or more hearings and file multiple appeals. An attorney can be a true asset throughout the appeals process, as they can make it less overwhelming and answer any of your questions.

Can I Sue My Employer?

Generally, no. By offering workers’ compensation benefits, employers are protected from lawsuits. If you sued your employer, you would forfeit any potential workers' compensation benefits. There are limited circumstances in which a lawsuit is appropriate. If you are wondering if you should sue, seek legal advice from an experienced attorney first.

Contact Us with Additional Questions

If you have any other questions not addressed here, or need further clarification, please contact our law firm online or call (800) 884-9507. We are available to meet in person to review the details of your claim and help you collect maximum compensation.

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