Most Virginia injured worker’s cases follow the path set forth below. The best course of action is to schedule an appointment with an experienced Virginia workers’ compensation lawyer as soon as possible.
- Employer must comply with statute and have insurance. Most employers are required to have workers’ compensation insurance. Even if your employer does not have insurance, you may still be eligible for workers’ compensation benefits if the employer was required by law to have insurance.
- Notice of Injury. Injured workers should give their employer notice of the injury and work accident immediately. If notice is not given in 30 days, the worker may lose all the rights to any workers’ compensation benefits.
- Claim for Benefits.
- Original Claims: Original claims must be filed within two (2) years of the accident date – to protect your rights. This is true even if the claims administrator is paying you benefits. Your rights are not protected unless you have an Award Order from the Commission.
- Additional Missed Workdays: To keep from losing benefits, you should file a new claim with the Commission within 90 days every time you miss more time from work.
- Body Parts/Injuries: “You should write to the Commission to claim all body parts injured as a result of your work accident .You may lose your claim for any body part /injury not claimed within two (2) years of the accident.”
- First Report of Injury. Employers who have notice of an injury have to file a First Report of Injury (FROI) with the Commission within ten (10) days of knowledge of the injury or death (30 days for minor injuries). The FROI is NOT a claim – and does not protect your rights
- Notification of Rights. “Once the Commission receives the FROI, the Commission will send the injured worker information about their rights and responsibilities,”
- Notice of Award Order. An Award Agreement must be signed by all the parties and filed with the Commission. You lawyer will make sure this is done the right way.
- Agreement to Stop Weekly WC Payments. The Termination of Wage Loss Award form should be reviewed by your lawyer. Once it is signed, the worker loses all rights to weekly benefits. If the worker finds that he/she cannot work after returning to work and wants to ask for additional compensation – an additional Claim For Benefits form or additional agreement form must be filed by the injured worker to protect his/her rights.
- Request for Hearing. The worker can request a hearing at any stage unless this is an Award agreement.
Injured at Work? Call Virginia Injured Worker’s Lawyer Joe Miller.
Joe Miller has the experience and skills to provide strong counsel for injured employees. He has helped thousands of injury victims get a full and just recovery. He knows each stage of the claims process and can anticipate many of the arguments employers will make. Get competent legal advice now. Call lawyer Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com.
