Workers’ Compensation insurance offers no-fault coverage for unintentional work-related injuries and is mandated by Virginia law for most businesses with three or more employees. It is unnecessary to show that the worker was at fault for bringing a claim. You should still be eligible for benefits if you were hurt but did not intentionally cause it, broke no laws meant to protect others, or were under the influence of alcohol or drugs. You will get weekly payments to replace two-thirds of your lost salary and medical expenses if your claim is accepted.
Even while the law protects you from retaliation for filing a workers’ comp claim, the insurance provider for your employer may investigate your case thoroughly if it is exceptionally costly or time-consuming. Proactively and thoroughly investigating your options will give you the best opportunity to receive just compensation. So it is crucial to get help from an Arlington workers’ comp lawyer.
Table of Contents
Common Errors in Filing for Virginia Workers’ Compensation
Receiving adequate workers’ compensation payments may be more difficult following a work-related injury if you make any of the following blunders.
- Avoiding Responsibility by Delaying Reporting Your Accident and Filing Your Claim
The initial stage in making a claim is getting into an accident and telling your employer about it. You have 30 days to file a Virginia workers’ compensation claim. If you wait until the last minute, you run the risk of losing your eligibility for assistance. After an accident, you should notify your manager, the HR department, and the company’s owner, director, or management as soon as you can.
Include information regarding the accident’s sort, date, and location as well as any witnesses’ names and contact information and any photos you may have taken of your injuries.
- Refusing to Seek Emergency Treatment
One of the most crucial components of filing a claim is getting a medical evaluation and diagnosis as soon as is practical. After a workplace mishap, you should get medical attention right away, even if you don’t think you were gravely hurt. Some injuries take longer to show symptoms but can be caught early with diagnostic testing. In addition to getting you back on your feet after a work-related injury, getting checked out immediately is essential evidence of the incident.
- Having a Conversation With Your Insurance Provider
The insurance provider for your employer’s workers’ compensation program is not on your side. Its primary goal is to maximize profits for its stockholders. Therefore, it will do anything to deny, fight, or postpone your claim. An insurance adjuster has the potential to misinterpret and undermine every statement you make to them. An attorney specializing in workers’ compensation law can deal with the insurer on your behalf and ensure you do not say anything to jeopardize your claim for benefits.
Neglecting to Provide Sufficient Medical Documentation
Proper documentation of your injuries and medical treatment is crucial for a successful workers’ compensation claim. People frequently don’t gather enough medical data to support their statements. Any relevant documentation, including test results, physician notes, and medical records, may fall under this category. By gathering and presenting the necessary medical information with the help of an accomplished workers’ compensation attorney, you can strengthen your claim. They understand the type of evidence required and can work with healthcare professionals to ensure your injuries and treatment are thoroughly documented.
Accepting an Inadequate Settlement Offer
Insurance companies might offer you a settlement soon after your injury, hoping you’ll accept it without questioning its adequacy. These initial settlement offers are often lower than what you may be entitled to, and accepting them could leave you without enough compensation to cover your medical expenses and lost wages adequately. A knowledgeable workers’ comp attorney can assess any settlement offers to determine if they are fair and advise you on whether to accept or negotiate for a better deal. They can leverage their experience to ensure you receive a settlement that truly reflects the extent of your injuries and their impact on your life and livelihood.
Missing Important Deadlines and Filing Requirements
Navigating the legal procedures and deadlines associated with workers’ compensation claims can be overwhelming, especially if you are dealing with the physical and emotional stress of an injury. Missing crucial deadlines or failing to meet specific filing requirements can result in your claim being denied. A workers’ compensation attorney possesses expertise in the regulations governing these claims. They can guide you through the process, ensuring you meet crucial deadlines, accurately complete necessary paperwork, and comply with all requirements. Their assistance enhances your likelihood of a successful claim approval.
Dealing with Retaliation or Unfair Treatment
Despite being illegal, certain companies continue to engage in unjust practices such as demotion, harassment, or termination against employees who file workers’ compensation claims. If you find yourself facing unfair treatment or retaliation due to filing a workers’ compensation claim, hiring an attorney becomes crucial. These legal professionals can safeguard your rights and, if necessary, take legal action against your employer to shield you from any discrimination or mistreatment associated with your claim.
In summary, hiring a skilled Arlington workers’ comp lawyer can significantly improve your chances of receiving the compensation you deserve after a work-related injury. They can help you avoid common mistakes, navigate complex legal procedures, gather necessary evidence, and negotiate with insurance companies, ultimately ensuring that your rights are protected throughout the entire process.
