Claim for Virginia Worker’s Compensation Benefits – FAQs

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.”


Injured at Work? Virginia Injured Worker’s Lawyer Joe Miller Can Help

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.

Why do I need a lawyer?

Posted on Thursday, November 6th, 2014 at 3:40 pm    

Once the physical and emotional trauma related to a personal injury have been initially addressed, you will most likely need to consider the financial impact that you injury has and will have upon your life.  Aside from the costs associated with your medical treatment, rehabilitation, or pharmaceuticals, you may have been kept from work or now have a reduced capacity to earn income in the future.  An experienced personal injury lawyer will be able to ascertain the extent of the damages, now and in the future,  associated with your injury. From there, he or she can help you build a comprehensive legal strategy to recover those damages.

The attorneys of Joe Miller Law, Ltd., have extensive experience handling personal injury cases, and we advocate tirelessly on behalf of our clients’ interests. Call our offices in Norfolk at (888) 694-1671 today to discuss your situation.

Can I dispute the car insurance company?

Posted on Thursday, September 4th, 2014 at 2:13 pm    

Many people in Norfolk find themselves disagreeing with their car insurance companies because the companies will not honor their claim. This can happen for any number of reasons. The company might:

  • have misrepresented coverage to you
  • not uphold its promised coverage
  • fail to investigate your claim
  • award an insufficient amount of coverage
  • have used deceptive practices
  • have ignored your claim

There are many legitimate reasons to dispute an insurance company. Though the insurance companies are often more well-versed in dealing with disgruntled customers, an experienced insurance claims attorney can help Norfolk drivers fight back, if the company was, in fact, in the wrong. Contact the legal team at Joe Miller Law, Ltd., today by calling (888) 694-1671 to discuss how we may help you pursue the funds you need from the bad faith insurance company you are dealing with.

We understand the great need for insurance payments after an accident or repairs and are dedicated to holding insurance companies responsible when they refuse to honor their obligations.

Should I retain the services of a personal injury lawyer?

Posted on Thursday, September 4th, 2014 at 2:07 pm    

If you have sustained an injury that you believe to be the direct result of another’s negligence or recklessness, it may be critical for you to retain the services of an experienced personal injury lawyer. An injury may not only result in physical recovery; it is common for a significant financial burden to also result. The expensive cost of medical treatment, the possibility of lost wages from being unable to work, and more can leave a victim facing a daunting financial situation.

As such, if your injury is the result of another’s recklessness and negligence, the responsible party may be held financially liable for any resulting damages. The personal injury lawyers at Joe Miller Law, Ltd., would like to extend our sympathies for the pain and suffering associated with your injury. Contact our offices at (888) 694-1671 today to discuss how we can help you pursue financial restitution from any negligent or reckless party to address any damages you sustained.