If you are injured or develop a qualifying occupational disease because of your work, you may be entitled to benefits under the Virginia Workers’ Compensation Act. A workplace injury or illness can create immediate physical, emotional, and financial challenges for you and your family. Workers’ compensation may provide medical treatment and wage-loss benefits when a claim is compensable.
The workers’ compensation process can be confusing and time-consuming. At Raheen Law Group, we can help you understand your rights, navigate the claims process, and pursue the benefits available to you.
Reporting a Workplace Injury
If you are injured in a workplace accident, you should notify your employer as soon as possible. Virginia law generally requires an employee to give written notice of an accident within 30 days. Failure to provide timely notice can affect the right to receive compensation, although exceptions may apply in certain circumstances.
A workers’ compensation claim generally must be filed with the Virginia Workers’ Compensation Commission within two years of the accident. Different deadlines can apply to occupational diseases and death claims.
If you are injured or become ill because of your work, you should:
- Notify your employer promptly;
- Seek appropriate medical attention;
- Follow your doctor’s treatment recommendations;
- Keep records of your medical treatment and expenses; and
- Consider speaking with a workers’ compensation attorney about your claim.
Who Is Covered by Workers’ Compensation?
Virginia employers subject to the Workers’ Compensation Act are generally required to provide workers’ compensation coverage for their employees. However, the law contains exceptions, and coverage depends on the employer, the worker’s classification, and the circumstances of the employment. For example, Virginia generally excludes employees of private employers that regularly have fewer than three employees in the same business, unless the employer and employees voluntarily elect coverage.
Whether a worker is an employee or an independent contractor can also depend on the specific circumstances. Independent contractors are not automatically covered as employees, although Virginia law allows certain independent contractors to be included in coverage under specified circumstances.
Common Workplace Injuries and Conditions
Workers’ compensation claims may arise from many different workplace accidents and occupational conditions, including:
- Burns;
- Falls, fractures, and broken bones;
- Concussions and other head injuries;
- Back and spinal injuries;
- Eye injuries;
- Loss of a limb or loss of use of a body part;
- Lung injuries caused by inhalation or exposure;
- Serious cuts and lacerations;
- Heat-related injuries; and
- Occupational diseases caused by workplace exposure.
Whether an injury or illness is compensable depends on the specific circumstances and the requirements of Virginia law.
Workers’ Compensation Benefits
Not every benefit is available in every case. Depending on the nature and extent of the injury or illness, available workers’ compensation benefits may include medical treatment, wage-loss compensation, vocational rehabilitation, permanent partial disability benefits, and death benefits.
Temporary Total Disability
When a compensable injury leaves an employee totally unable to work, the employee may be entitled to temporary total disability benefits. Under Virginia law, temporary total disability compensation is generally calculated at 66 2/3% of the employee’s average weekly wage, subject to statutory minimum and maximum amounts.
Virginia’s calculation of average weekly wage is based on statutory rules and may depend on the employee’s work history and other circumstances.
Medical Benefits
For a compensable injury, the employer is generally responsible for necessary medical treatment related to the workplace injury. Virginia law provides for medical care through a physician selected by the employee from a panel of at least three physicians provided by the employer, subject to the requirements of the Workers’ Compensation Act.
Depending on the injury, medical benefits may include treatment such as:
- Doctor visits;
- Diagnostic testing;
- Surgery;
- Physical or other therapy;
- Prescription medication; and
- Necessary medical equipment.
Temporary Partial Disability
If an employee can return to work but earns less because of the workplace injury, the employee may qualify for temporary partial disability benefits.
Virginia law generally provides compensation equal to 66 2/3% of the difference between the employee’s pre-injury average weekly wage and the average weekly wage the employee is able to earn after the injury, subject to statutory limitations.
Vocational Rehabilitation
If an injured employee cannot return to the previous position because of the injury, vocational rehabilitation may be available. Depending on the circumstances, vocational rehabilitation services can include assistance with finding suitable employment and retraining.
Virginia law provides for vocational rehabilitation services in appropriate cases and requires the employer to furnish such services when applicable.
Permanent Partial Disability
An employee who suffers a permanent loss or impairment because of a compensab
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