Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 10, 2020

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Virginia workers’ compensation claims may be filed with the Virginia Workers’ Compensation Commission. Employees may file claims for medical benefits, replacement income benefits, and permanent disability benefits if they are injured while working at their places of employment or become ill because of harmful conditions at work. Because Virginia employers must, according to Virginia law, carry workers’ compensation insurance, it is likely that if the worker’s injury or illness is one that is covered by workers’ compensation insurance, the injured or ill employee will receive workers’ compensation benefits from the employer’s insurer.

Process for Virginia Workers’ Compensation Claims

Your employer must be notified promptly of your work injury if you seek to recover workers’ compensation benefits for your injury or illness. If you delay in telling your employer about your injury or illness, or fail to do so entirely, you may not be able to get the workers’ compensation benefits you deserve, or the distribution of your benefits may be delayed to your detriment.

Consulting a doctor immediately after you are injured in order to receive treatment for your injury or illness is in your best interest. Seeking immediate medical attention is especially crucial if you have an occupational disease because of the importance of the amount of time you have from the point of diagnosis to file your claim for Virginia workers’ compensation benefits.

Claims for workers’ compensation benefits must be filed with the Virginia Workers’ Compensation Commission within two years from the date the physician diagnoses your occupational disease, or within two years of the workplace accident that caused your injury. Not filing your claim within the designated time frame will result in your losing your eligibility to file for and receive Virginia workers’ compensation benefits.

Lastly, contact a Virginia workers’ compensation lawyer if you want to discuss your claim for workers’ compensation with someone who is experienced in handling cases within the Virginia workers’ compensation system and who can help you file your claim properly.

Reasons to Hire a Virginia Workers’ Compensation Attorney

Hiring an experienced Virginia workers’ compensation attorney to help you with your Virginia workers’ compensation claim is strongly advised. This is especially so if you have a complicated claim. Circumstances that make a case more complex include the involvement of a third party who may be responsible for your injury (such as a manufacturer whose defective equipment caused your injury), or if your employer is uninsured, under-insured, or uncooperative.

A Virginia workers’ compensation lawyer can also help you understand the procedures and policies involved in filing a Virginia workers’ compensation claim and provide guidance on how best to proceed with your case. A lawyer can also keep track of filing deadlines and make sure that all of your paperwork is filed on time and that your case is well presented in front of the Virginia Workers’ Compensation Commission in the event that your claim is contested or denied. Overall, a Virginia workers’ compensation lawyer can make filing for workers’ compensation a much less stressful experience for you while you are dealing with your injury and recovery.