Although employees may do everything in their power to be cautious while on the job, accidents and injuries still happen every day, affecting injured workers. Fortunately, injuries that are sustained at the workplace may be covered by your employer’s workers’ compensation insurance. If you or a loved one has been injured while in the line of work, you may have a claim for workers’ compensation.
However, an experienced personal injury attorney may need to be brought in if employers do not provide workers with the compensation they deserve. It’s also crucial to understand that the insurance company may contest or provide workers’ compensation, making the process challenging for injured workers without legal support. A skilled Staunton workers’ compensation attorney at the Warren Law Firm could assist you with the process of making a claim and answer any questions you may have.
Under the Virginia Workers’ Compensation Act, employers with three or more employees must provide workers’ compensation insurance. To be eligible for workers’ compensation, the employee must have sustained a work-related injury while performing a task on the employer’s behalf or in the course of working.
To secure their right to claim benefits, employees who are injured on the job should disclose their injury to their employer immediately. While the law gives employees 30 days to disclose the accident to their employer in writing, it is best to do so as soon as possible to avoid the risk of losing rights to benefits. Injured employees must also file their claims with the Virginia Workers’ Compensation Commission within two years of the date of the injury. A Staunton workers’ compensation lawyer could help injured employees meet these deadlines to avoid losing the right to claim benefits.
The payouts that injured employees receive for total incapacity are generally 66 and 2/3 percent of the wage they earned before their injury occurred. However, there is also a cap and a minimum on this amount, which is based on the average wage in Virginia. The minimum is 25 percent of the average weekly wage and the maximum is 100 percent of the average state wage. The duration of such payments varies and depends upon the specific injury.
If the workplace injury results in partial incapacity and the employee can still do light tasks, workers’ compensation is still available to make up part of the difference between the pre-injury and post-injury wage. Workers’ comp benefits also cover lost wages and medical expenses, ensuring financial support for those unable to work due to work-related injuries or illnesses.
If the injured employee has engaged in certain types of conduct, no workers’ compensation will be awarded. This include when the injury was caused by an employee:
If the employer claims that the worker was intoxicated at the time of the injury, the burden of proof lies with the employer to show that the employee was intoxicated. An experienced Staunton attorney could assist injured employees to pursue their workers’ compensation claims by gathering evidence to help refute any accusations of intoxication, misconduct, and intentional injury.
Workers’ compensation is outlined very specifically within Virginia law, including assistance with both workers comp claim and workers compensation claim processes. Due to the deadlines to make these claims, time is of the essence when it comes to workers’ compensation. Workplace accidents, ranging from minor injuries to severe incidents, can qualify for compensation, and understanding the types of claims an attorney can assist with is crucial. If you have been hurt at the workplace, seek the appropriate medical care immediately, and do not delay in securing your legal representation. To avoid missing your window to claim benefits, contact our Staunton workers’ compensation attorney today.
