Prince William County Workers’ Compensation Attorneys
Workers’ Compensation Laws in Virginia
If you were involved in a workplace accident or suffered a work-related injury, illness, or medical condition, you could be entitled to workers’ compensation. Workers’ compensation is a no-fault system, meaning you do not have to prove that your employer (or any other party) was negligent to receive benefits. Workers’ compensation pays for all medical expenses related to your workplace injury, as well as a portion of your lost wages due to temporary or permanent partial or total disability.
At Reinhardt | Harper | Davis, we have been standing up for the rights of injured workers since 1980. Our Prince William County workers’ compensation attorneys have more than 100 years of combined experience, as well as a hard-earned reputation as one of the area’s leading workers’ compensation teams. Our firm was responsible for the four largest workers’ compensation cases in Virginia, and we are prepared to advocate for the maximum benefits you are owed.
Who Is Eligible for Workers’ Compensation Benefits?
In Virginia, nearly all employers who have more than two employees must carry workers’ compensation insurance that covers all employees, regardless of whether they work part-time or full-time. This means that, with some exceptions, almost all employees in Virginia are eligible for workers’ compensation benefits.
To receive workers’ compensation benefits, you must typically prove each of the following:
- You are an “employee,” as opposed to an “independent contractor”
- You work for an employer who has three or more employees
- You were injured on the job or suffered a work-related injury, illness, or medical condition
- You did not cause your injury through misconduct or activities outside of the scope of your work
You must also follow the appropriate steps to protect your right to receive workers’ compensation benefits. This includes notifying your employer in writing of your work-related injury or medical condition within 30 days of the accident that caused the injury or the date on which you discovered the work-related injury or illness.
What Types of Workers’ Comp Benefits Are Available in Virginia?
The Virginia workers’ compensation system offers several types of benefits to eligible employees who suffer work-related injuries, illnesses, and/or medical conditions.
In Virginia, available workers’ compensation benefits include:
- Medical Benefits: This includes all “reasonable and necessary” medical costs associated with the employee’s injury or illness, such as surgeries, rehabilitation, physical therapy, prostheses, medications, and transportation costs to and from medical appointments.
- Temporary Wage Replacement: Workers’ compensation pays for a portion of your lost wages due to temporary partial disability (TPD) or temporary total disability (TTD) related to your workplace injury or job-related medical condition.
- Permanent Disability Benefits: If your work-related injury or condition leaves you permanently disabled, you may qualify for either permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on your impairment rating.
- Death Benefits: When an employee dies on the job or suffers a fatal work-related illness, workers’ compensation pays death benefits for wage loss to eligible family members, such as a spouse or child. It also pays a lump sum payment for funeral/burial costs.
The amount and duration of workers’ compensation benefits you may receive depend on a variety of factors. Our Prince William County workers’ compensation lawyers can review the details of your case during a free, no-obligation consultation and provide specific information regarding your case. We encourage you to contact us today to learn more.
Filing a Workers’ Compensation Claim
The first thing to do after a workplace accident or job-related injury is to seek medical attention. If necessary, call 911 or go to the nearest hospital. Next, you should notify your employer in writing about the accident, injury, or medical condition right away. While you have 30 days to report the incident to your employer, we recommend that you notify your employer as soon as possible.
Once you have reported your work-related injury or illness to your employer, your employer is responsible for filing a “First Report of Injury” (FROI) with the Virginia Workers’ Compensation Commission within 10 days. This officially starts your workers’ compensation claim. However, you may also file a workers’ compensation claim yourself; in Virginia, you have two years from the date of the accident, injury, or date on which the injury or illness was discovered to file a workers’ compensation claim. If you fail to initiate a claim within the two-year statute of limitations, you will almost certainly lose your right to recover workers’ compensation benefits.
While you are not required by law to hire a workers’ compensation attorney, there are many benefits to working with an experienced lawyer on your claim. At Reinhardt | Harper | Davis, we are prepared to handle every legal detail of your case, from gathering evidence and witness statements to obtaining medical records and working with your employer and/or employer’s insurance company. If your claim is denied, or if your employer disputes your injuries, our Prince William County workers’ compensation attorneys can fight back by filing an appeal and advocating for you.