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Knowing when to file a claim as an injured worker in Virginia
In the state of Virginia, you have specific rights and responsibilities when it comes to filing an injury claim after a workplace accident. Unfortunately, many injured workers are unaware of the steps they need to take to receive compensation for their injuries.
With the right guidance, you can know how and when to file a workplace injury claim with confidence.
Understanding your rights
As an injured worker in Virginia, you have the right to file a claim for workers’ compensation benefits. These benefits can include payment for medical treatment related to your injury, as well as wage replacement if you are unable to work due to your injury.
Reporting your injury
The first step in filing a workers’ compensation claim is to report your injury to your employer. You should do this as soon as possible after the injury occurs, but no later than 30 days from the date of the accident. Failure to report your injury within this timeframe could result in a denial of your claim.
Pedestrian accident fatality rates in Virginia
Pedestrian safety is a growing concern in Virginia, with recent statistics revealing a disturbing trend. Both 2021 and 2022 set decades-long highs for pedestrian accident fatality rates in the state.
Understanding the facts, statistics and causes behind this morbid trend can help both drivers and pedestrians stay safe from here on out.
Alarming numbers
In recent years, Virginia has experienced a particularly sharp increase in pedestrian fatalities. The Legal Examiner reports that there were 7,508 pedestrian deaths in Virginia in 2022. The report highlights that the surge in pedestrian deaths is not only a local issue but a statewide challenge that demands urgent attention.
Factors contributing to the rise
Several factors contribute to the rising pedestrian accident fatality rates. One significant element is the increase in distracted driving incidents. With the proliferation of smartphones and other gadgets, drivers are more prone to distractions. This leads to a higher likelihood of accidents involving pedestrians.
Get the facts on Virginia’s new handheld device ban
As of January 1, 2021, Virginia will begin enforcing its new handheld device ban for drivers. Under the new law, using a smartphone or another electronic device while driving will be a primary offense with fines starting at $125.
Review the provisions of the ban to avoid a ticket and prevent a serious auto accident.
Prohibited actions
Although state laws have prohibited texting and driving for some time, the expanded bill applies to any handheld action on a device while behind the wheel. However, drivers can still use voice commands to navigate, play music, dictate messages and use other tools as long as they do not have the phone in hand.
Exceptions to the bill
The ban on handheld device use does not apply to:
- A driver who has parked his or her vehicle in a legal parking space
- A driver who is performing traffic management services on behalf of the Virginia Department of Transportation
- A driver using his or her device to report an emergency situation
Can I claim personal injury if I was at fault?
The first time you crash into another car and it is clearly your fault can be a humbling experience. At the end of the day, it can happen to anyone.
The question is: What do you do when it does happen? If you are hurt and you are the one who is at fault, your first question may be about making a personal injury claim with your auto insurance. Is it even possible to do so?
At-Fault in a No-Fault State
In the United States, there are 12 states that have required no-fault insurance laws and several others that give residents a choice of having it. With this form of auto insurance, drivers must purchase Personal Injury Protection as part of their policy. In the event of an accident in no-fault states, each person’s PIP covers medical bills for personal injuries, regardless of who is at fault.
At-Fault in Virginia
With that said, Virginia’s insurance liability laws do not have no-fault provisions. As a result, there is no PIP requirement. In fact, there is no "PIP" at all. Instead, Virginia gives residents the option of purchasing separate personal injury coverage called MedPay. If you have a MedPay policy, it will cover medical bills if you sustain injuries in a car accident that you caused.
What employees should know about Virginia workers’ compensation
A work illness or injury can result in a significant financial burden. Virginia workers can apply for benefits from workers’ compensation under these circumstances.
Review the facts about thestate workers’ compensation program if you or a loved one has experienced a work-related injury or illness.
Filing for benefits
Virginia requires you to tell your employer immediately if you get hurt on the job or receive a diagnosis of an illness related to your job. You can lose the right to collect benefits if you wait longer than 30 days to provide this notification.
Once your employer receives notice of your illness or injury, they have 10 days to file a workers’ compensation claim on your behalf. You can also file a direct claim with workers’ compensation.
Understanding available compensation
Some of the costs covered by workers’ compensation include lost wages, travel expenses to and from medical appointments, medical devices, prescription drugs, surgeries and other treatments, emergency transportation bills, physical therapy, hospitalization, and other costs related to the injury or illness.
4 things to remember after a car crash
You cannot prepare for a car crash. Unexpected and often violent, crashes can cause serious injury and financial hardship.
While you cannot prepare, there are a few simple things you can try to remember to do if you ever suffer a collision that will help you going forward.
1. Do not admit fault
Regardless of whether you truly feel at fault or not, do not verbally admit fault to the other driver, or to police at the scene of the accident. Do not sign any written statement admitting fault. When you admit fault, you put yourself at a disadvantage in regards to any future settlement or lawsuit.
2. Report the accident to the police
Always report any accident, no matter the circumstances or severity. Police will note the details, interview witnesses and take photographs. Information gathered and reported by police is official evidence in any potential case. Without a police report, it will be your word against that of the other driver.
3. Seek medical treatment
Do not delay in seeking medical treatment after a car crash. Adrenaline and shock might prevent you from feeling pain immediately.
3 serious problems with car backup cameras
Since 2018, all new vehicles sold in the U.S. must have a backup camera. This safety enhancement sends footage from behind a vehicle into its passenger cabin.
While backup cameras may help some drivers avoid collisions, they may also not be as safe as you think. Here are three potentially serious problems with car backup cameras.
1. A false sense of security
Because backup cameras only have an 80-degree visual field, they simply cannot be a driver’s only source of information. Nevertheless, if a car has a backup camera, its driver may rely too much on it.
Before reversing a vehicle, the driver should carefully examine the space around it. This may require glancing over the shoulder or using a vehicle’s rear-view and side mirrors. If the driver exclusively uses the backup camera and skips these steps, he or she may put others at risk.
2. Distracted backing
Many backup cameras use multimedia screens that also show maps, music, climate controls and other vehicle features. Still, when reversing a vehicle, the driver must maintain focus. If the camera’s screen or its many features distract the driver, he or she may inadvertently cause a collision.
Who can be held liable for fatal truck accidents?
It is no secret that accidents involving semi-trucks in northern Virginia are often fatal. After all, a semi-truck weighing tens of thousands of pounds has the laws of physics on its side and is simply no match for a standard automobile.
Things are especially tragic when the loved one lost is your spouse, especially if they were the breadwinner in the family. The surviving spouse in such situations has not only lost the love of their life, but they may be worried about how to make ends meet. In situations like this, they may want to pursue a wrongful death claim. However, lawsuits based on semi-truck accidents differ in some ways from traditional personal injury and wrongful death claims, specifically, in identifying the responsible parties.
Potential parties: trucking companies
In a wrongful death claim, you must be able to show that the other party was negligent, and this negligence lead to your loved one’s death. In accidents involving semi-trucks, sometimes the trucking company will be held liable for the trucker’s negligence if the two had an employer-employee relationship. This is due to the legal doctrine of "respondeat superior." Basically, this doctrine means that an employer is responsible for the acts of an employee if the acts took place within the course of the employee’s job duties.
What can workers’ compensation benefits in Virginia help with?
Workers’ compensation benefits can serve as a lifeline for injured workers and their families following a workplace accident and its aftereffects. As a result, it is important for injured workers and their families to be familiar with the different types of benefits workers’ compensation provides.
Virginia workers compensation benefits include:
- Lifetime medical benefits: injured workers can receive payment for medical expenses related to their injury or occupational illness. Payment can include out-of-pocket medical costs, prescriptions and medically-related transportation expenses.
- Wage loss replacement: injured workers can receive wage loss replacement for temporary total disability or temporary partial disability when the injured worker has a medically-authorized disability preventing them from working.
- Permanent partial disability: injured workers who are permanently partially disabled may recover benefits for the loss of the use of a body part; amputation; loss of hearing or vision; bodily disfigurement or scarring; or lung disease.
Picking the right doctor can prevent a bad workers’ compensation outcome
The accident that struck at work can leave you with all kinds of complications. You’ll likely need to rely on the benefits from workers’ compensation to get through your recovery, but starting your claim off on the wrong foot could cost you coverage before it even starts.
Workplace accidents cost an average of around $40,000 per case. You’ll want to do what you can to make sure workers’ compensation covers the bulk of your treatment. One of the first steps is likely picking your doctor, which could be one of the most important decisions you make throughout the process.
Health claims
Your physician will play a key role in handling your case, so you’ll want to make sure your choice provides you with the best shot at getting better while staying true to state guidelines:
- Pre-approval: You can’t pick any doctor you please to take charge of your case, in most circumstances. Your employer will usually present you with a list of approved physicians to choose from, and deviating from the allowable pool could put your claim in jeopardy.
Our law firm has offices in Winchester and Manassas, and we provide legal services to clients throughout Virginia, including Prince William County, Woodbridge, Haymarket, Gainesville, Front Royal, Berryville, Boyce, Fairfax, Strasburg, Woodstock, and Warrenton.
Results listed are not a guarantee or indication of future case results.
