Winchester, VA Workers' Compensation Lawyers

Attorneys for Work-Related Injuries and Occupational Diseases in Winchester, Virginia

Employees who suffer injuries or occupational diseases while performing their job duties will usually be entitled to workers' compensation benefits. These benefits can ensure that an injured worker will receive the proper medical care while also addressing their loss of income while they are temporarily disabled. In cases involving serious accidents and severe injuries, permanent disability benefits or death benefits may be available.

In Virginia, workers' compensation provides vital financial support for injured employees, but the process of filing a workers' comp claim can be challenging. Employers and insurance companies may dispute claims, delay payments, or deny benefits altogether. At Parthemos, Curran, Buelow and Polizzi, PLLC, we help workers in Winchester, Virginia secure the benefits they deserve after a workplace injury. Our goal is to help injured workers and their families avoid financial difficulties and maximize the benefits they can receive.

When Is an Employee Eligible for Workers' Compensation?

Employees who suffer injuries or develop occupational illnesses will qualify for workers' comp benefits, as long as their injuries are work-related. Because Virginia follows a no-fault system, a person can receive benefits for any injuries that occurred while working or diseases that arose out of their work, no matter who was responsible.

Workers' compensation covers a wide range of injuries and illnesses. In general, injuries in workplace accidents will qualify including fractures, burns, back injuries, and head trauma. Occupational diseases are also covered, as long as they were caused by the work a person performed. Repetitive stress injuries usually are not covered unless they are considered to be occupational diseases, but diseases that affect the neck, back, or spine usually will not qualify.

Virginia law requires most employers to carry workers' compensation insurance, ensuring that employees will receive coverage for work-related injuries. Workers must report injuries to their employer within 30 days, and claims must be filed with the Virginia Workers' Compensation Commission within two years.

Types of Workers' Compensation Benefits in Virginia

An injured worker may be eligible for several types of benefits, depending on the severity of the injury and their ability to return to their job. These benefits may include:

Medical Benefits

Workers' compensation will cover all medical treatment that is necessary following a work-related injury. These expenses may include doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and assistive devices such as wheelchairs or prosthetics. Coverage will be provided for as long as medical treatment is necessary.

Temporary Disability Benefits

When an injury prevents a worker from performing any job duties while recovering, temporary total disability (TT) benefits can address the loss of income during the recovery period. These benefits provide two-thirds of the income the worker received before the injury. TT benefits continue until the worker can return to work or reaches maximum medical improvement (MMI).

If a worker can work part-time while they are recovering, or if they are limited to working in a position that provides reduced wages, they may receive temporary partial disability (TP) benefits to address their lost wages. These benefits provide two-thirds of the difference between a person's pre-injury and post-injury earnings.

Permanent Partial Disability (PPD) Benefits

Workers who suffer permanent impairments but who can still work in some capacity may receive compensation to address these disabilities. PPD benefits may cover the loss of function in a specific body part or significant scarring and disfigurement. Depending on the body part affected and the percentage of loss, a person may receive a percentage of the income they would earn over a certain number of weeks.

Permanent Total Disability (PTD) Benefits

If a worker suffers catastrophic injuries, such as total blindness, amputation of multiple limbs, or paralysis, they may qualify for PTD benefits. These benefits provide lifetime wage replacement that will be subject to cost of living increases as needed.

Vocational Rehabilitation

When an injured worker is unable to continue working in their previous job due to disabilities related to an accident or occupational disease, they may receive training and job placement assistance to help them transition into a new role.

Death Benefits

If a workplace injury results in a worker's death, surviving dependents may receive wage replacement benefits that will address the loss of income the person would have provided. They may also receive reimbursement for funeral and burial expenses, up to a total of $10,000.

Work-Related Injuries in Winchester, Virginia

Parthemos, Curran, Buelow and Polizzi, PLLC represents injured workers across various fields, helping them file workers' compensation claims so they can receive the benefits they deserve. We can assist with:

• On-the-Job Vehicle Accidents: Workers who drive as part of their job, including truck drivers, delivery personnel, and rideshare drivers, may suffer serious injuries in crashes.
• Factory Injuries: Employees at manufacturing plants may face risks from heavy machinery, conveyor belts, or falling objects.
• Warehouse Injuries: Workers at distribution centers often experience back injuries, falls, and other forms of bodily harm in fast-paced work environments.
• Manufacturing Accidents: Heavy equipment, hazardous chemicals, and mechanical malfunctions can cause severe injuries in industrial settings.
• Construction Site Injuries: Construction workers face risks from falling objects, scaffolding collapses, and equipment failures.
• Falls From Heights: Roofers, electricians, and warehouse employees are at risk of falling from ladders, lifts, or scaffolding, and they may suffer life-threatening injuries in these situations.

Third-Party Claims for Additional Compensation

While workers' compensation provides important benefits, it does not cover non-economic damages such as pain and suffering, and it may only pay a percentage of the total wages lost while recovering. However, an injured worker may have the option to file a third-party personal injury claim if someone other than their employer contributed to their injury. These claims can provide additional compensation beyond what is available through workers' compensation.

Examples of third-party claims include:

• A delivery driver injured in a car accident caused by another motorist may file a personal injury lawsuit against the at-fault driver.
• A construction worker who was injured by defective equipment may take legal action against the product manufacturer.
• A warehouse worker injured by a subcontractor's negligence may be able to recover compensation from the subcontractor's employer.

Contact Our Winchester Workers' Comp Attorneys

If you have suffered a work-related injury, workers' compensation benefits may be crucial to ensure that you can avoid financial difficulties during your recovery. At Parthemos, Curran, Buelow and Polizzi, PLLC, our Winchester workers' compensation attorneys can help you secure the proper benefits, and we can also advise you of your options for pursuing third-party claims. Set up your free consultation today by calling us at 540-662-4222 or filling out a contact form.