Posted on Wednesday, February 24th, 2016 at 2:00 pm
The Virginia Worker’s Compensation Commission has a list of Frequently Asked Questions and Answers on various topics. Some of the Commission’s Q and As for claiming benefits are included below with adjustments because the best solution is always to consult with an experienced worker’s compensation attorney such as Joe Miller Esq.
Q – What do I do if I have a problem getting benefits?
A – Speak with an experienced worker’s compensation attorney who will review why your claim was denied. In some cases, the dispute can be resolved quickly. If the case cannot be resolved, workers need to file a Claim for Benefits. Filing a claim is the way to protect your right to benefits. It’s a good idea even if the employer and you agree – because the employer can also change its mind. It is extremely important to make sure the Claim is filled out exactly right. Please consult a Virginia Workers Compensation Lawyer and do not attempt to fill this out on your own.
Q – Is there a time limit on filing a claim?
A – “Yes. The Workers’ Compensation Act provides a fixed, time period in which you may file a claim for benefits. (Tyears from the date of accident) If you do not file a claim within that time, you may be risking your right to future benefits. These time limits, called “statutes of limitations,” are discussed in more detail in our “Guide for Employees.”
A worker must file a claim for workers’ compensation benefits within two years of the date of accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work. If after returning to work, you are again disabled, you must file a claim within two years of the date for which you were last paid compensation under an Award.
You still must file a claim with the Commission even if the employer/carrier has voluntarily paid you lost wages or medical benefits and no Award Order was entered by the Commission.
Q – Can I be fired for filing a workers’ compensation claim?
A – No. Employers cannot retaliate against you for filing a claim or against a witness who supports your claim. If retaliation takes place, you should speak to an attorney.
Q – If my employer has accepted my claim, reported my accident to the Commission, and paid me for my lost time and my medical bills; do I still need to file something with the Commission?
A – “The injured employee must notify the Commission in writing as soon as possible every time he or she misses work even if the employer has accepted the claim. The only exception is where the employee has signed an Agreement form and received an award for each period of lost time.” As always, it is best to consult with an experienced Virginia worker’s compensation lawyer to be sure your rights are protected.”
Joe Miller has helped thousands of Virginia injured employees get the work and medical benefits they deserve. He can answer all your questions about Workers’ Compensations law and procedures. He takes the time to guide clients through each phase of their case. He’s been helping injured workers for over 25 years. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or complete his online contact form.