Virginia Workers’ Compensation Attorneys

Individuals who are injured on the job or develop serious occupational diseases in Virginia are usually entitled to workers’ compensation benefits. However, the steps required to collect these benefits can be confusing and intimidating. The single best way to protect your rights to coverage for medical expenses, wage replacement and other considerations is to consult a qualified lawyer.

The workers’ comp attorneys at Parthemos, Curran, Buelow and Polizzi, PLLC, have more than seven decades of combined experience advising and rigorously representing the injured. Our compassionate, highly efficient legal team is here to help you at any point after a work accident or your diagnosis with a work-related illness. We provide focused, personal attention to every client we serve and take great pride in our track record of successful results.

Our Attorneys Stand Up To Workers’ Comp Insurance Companies

It is essential to seek medical care and notify your employer as soon as possible after suffering a work injury. It is also essential to recognize that you will be dealing with an insurance company and the Virginia Workers’ Compensation Commission. This means that:

• Having your claim initially accepted by the insurance company is not sufficient to ensure you will receive all the benefits you deserve. It is also necessary to file a claim with the commission to ensure that an award has been entered in your case.
• It is common for workers’ compensation insurers to deny valid claims, terminate medical benefits prematurely or take the position that you can return to work before you are able. When such problems arise, resolving them may require a hearing or appeal — and your likelihood of a successful outcome may well depend on your choice of legal representation.

At Parthemos, Curran, Buelow and Polizzi, PLLC, our workers’ compensation lawyers are dedicated to obtaining just compensation for injured workers. Our knowledge and experience cover the spectrum of occupations, injury types and different injury-causing events. We have recovered benefits for clients injured in a variety of circumstances, from lifting and repetitive stress injuries to falls and on-the-job vehicle accidents.

Below are questions we frequently receive regarding workers’ compensation.

When should I file a workers’ comp claim?

You should notify your employer of your injury immediately, or in the case of a work-related illness, within 30 days. This notification can be verbal or written.

You must file a workers’ compensation claim with the Virginia Workers’ Compensation Commission (VWC) within 2 years of the date of injury or the date you discovered an occupational disease. Failing to meet this deadline may result in your claim being barred. However, you should not wait this long. Delays can be used against you and make it harder to pursue the compensation you deserve.

How long does it take to receive workers’ comp benefits?

Virginia has a seven-day waiting period before wage loss benefits begin. Assuming there are no disputes or delays, you should begin receiving your benefits promptly. If there is a dispute, it may take several weeks or months to resolve, but an attorney can help you move things forward as quickly as possible.

When can a personal injury lawsuit be filed after a workplace accident?

In Virginia, if you are covered by workers’ compensation insurance, you generally cannot sue your employer for a workplace injury. However, you may be able to pursue a personal injury claim in civil court against a third party who either caused or contributed to your accident, such as a negligent driver, contractor or property owner.

If you are unsure if you have a third-party personal injury claim, speaking with an experienced attorney can provide clarity.

What happens if the accident was partially my fault?

Virginia operates under a no-fault system for workers’ compensation, so personal negligence on a worker’s part is not considered. With few exceptions, it does not matter if you made a mistake that contributed to your own accident and injuries. You can still file a claim for workers’ compensation benefits.

How do I choose a doctor?

Your physician will play a key role in handling your case, so you will want to make sure your choice provides you with the best chance at recovery while staying true to state guidelines.

• Pre-approval: You cannot pick any doctor you please to take charge of your case, in most circumstances. Your employer will likely present you with a list of approved physicians to choose from, and deviating from the allowed pool could put your claim in jeopardy.
• Specialties: You need to select the best doctor for you. Specializations and experience that are relevant to your case could help your recovery.
• Direct referrals: Your doctor might refer you for special examinations and tests outside the approved list of physicians.

Get the coverage you need after a work-related accident. Picking the right doctor could make all the difference.

What benefits are available through workers’ compensation?

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.
• Permanent total disability: injured workers who are permanently totally disabled may recover benefits including lifetime wage replacement for loss of both hands, arms, feet, legs, eyes or any two body parts in the same accident. Benefits may also be available for paralysis or disability caused by a severe brain injury.
• Death benefits: surviving family members, children and some dependents may be able to receive wage loss benefits, funeral expenses and other benefits when they lose a loved one in a fatal workplace accident.

What happens if my employer retaliates against me?

State and federal laws prohibit employers from retaliating against workers who file workers’ compensation claims. Nevertheless, they do so frequently. In Virginia, it is common for employers to demote, fire, threaten, harass or otherwise harm workers who have filed claims for compensation.

An employer who punishes an employee for exercising such rights is violating the law. Workers who have suffered retaliation have legal recourse to reinstate any benefits they may have lost, and pursue other forms of compensation.

What can I do if the insurance company denies my claim?

Workers’ compensation insurance companies do not have the final say on claim denials or terminations of benefits. Many decisions can be successfully overturned by taking the matter before the Virginia Workers’ Compensation Commission.

When do most work injuries occur?

Do you work the second or third shift at your job? Then you stand at an elevated risk of a work-related injury, whether your work is manual or not. Work injuries are more common in the evening, night or early morning hours because workers are more likely to feel the effects of the disruption to their circadian rhythms, or natural sleep-wake cycles.

Essentially, tired workers are more likely to have decreased alertness, slower reaction times and impaired cognitive functions – all of which increase the likelihood of accidents. Night shifts, in particular, often have fewer staff members and supervisors around, which can mean that the staff that is present may be operating without essential backup and oversight.

It is probably no coincidence that the U.S. Bureau of Labor Statistics says that Monday is statistically the most likely day for a workplace accident. That is the day that workers are least likely to “have their head in the game” while they are trying to acclimate to the shift between the schedule they keep by choice on the weekend and the schedule they have to keep during the workweek.

Which industries have the highest accident rates?

When it comes to fatal workplace accidents, the construction industry is firmly at the top of the list, with transportation, warehousing and agriculture following closely behind. It may surprise you to learn, however, that workplace fatalities are also common among professional and business services, even above those involved in forestry, fishing and hunting trades, or workers in manufacturing jobs.

For nonfatal injuries, however, health care workers, social workers, manufacturing workers, retail employees and those working in the hospitality and food service industries are most at risk. Injuries in the transportation and warehousing sectors are still significant, however, and outpace the number of nonfatal injuries among construction workers significantly.

Essentially, no workplace is without its risks. The risk of harm can come from improper use of forklifts, electrocutions, accidents involving heavy equipment or getting caught in the grip of powerful machinery on an assembly line – but they can also come from falls, overexertion, and violence from customers or clients.

My spouse was injured at work but hasn’t reported the injury. How can I convince him/her to report it?

When your spouse is injured at work but hasn’t reported it, it is crucial to encourage them to take action. Reporting a workplace injury is essential for multiple reasons, including their health, legal rights and potential compensation.

Here is what you can do to convince your spouse to report their injury:

• Emphasize health and safety: An untreated injury can worsen over time, leading to more severe health issues. Explain that reporting the injury can help ensure they receive the necessary medical attention and care. Tell them that early treatment can prevent complications and promote a quicker recovery.
• Highlight legal obligations: In Virginia, employers are required by law to maintain a safe working environment and provide workers’ compensation for employees injured on the job. Tell your spouse that reporting the injury is not just about their well-being but also about their employer’s duty to comply with legal obligations. Failing to report the injury could jeopardize their right to compensation and medical benefits.
• Discuss workers’ compensation benefits: In Virginia, workers’ compensation can cover medical expenses, lost wages and rehabilitation costs. Delaying the report can lead to complications or even denial of their claim, potentially making it harder to receive the necessary support.
• Address fear of retaliation: Your spouse may fear retaliation or negative consequences from their employer. Explain to them that Virginia law prohibits employers from retaliating against employees for reporting workplace injuries. If that happens, they have a legal right to pursue a workplace retaliation claim.
• Seek legal advice: If your spouse is still hesitant, seek guidance from a Virginia workers’ compensation attorney. They can provide your spouse with legal support, explain their rights and outline the potential consequences of not reporting the injury. Legal consultation can often persuade individuals to take the necessary steps to protect their interests.

How To Reach Our Workers’ Compensation Lawyers

In every case we handle, the clients’ interests come first. Whether your situation calls for skilled negotiation or dynamic representation in a courtroom setting, our workers’ compensation attorneys will do everything possible to protect your future. For a free consultation, call 540-870-1144 (Winchester) or 571-384-1523 (Manassas) now.