Virginia Workers Compensation Lawyer

An on-the-job accident injury has the potential to remove an employee from the workplace and prevent them from earning valuable income. Fortunately, Virginia has a comprehensive workers’ compensation system that provides lost wage benefits to injured workers when they cannot work as they used to.

Although highly beneficial, the workers’ compensation system is not necessarily worker-friendly. In fact, claimants run into various problems in their pursuit of the benefits they deserve. For this reason, injured workers should consult with a Virginia workers’ compensation lawyer to represent them in their quest to receive workers compensation benefits.

Workers’ Compensation Benefits

The workers’ compensation system provides injured workers with economic benefits to help them deal with the medical costs of their injuries and to assist them in continuing to put food on the table. 

But workers should know that the workers’ compensation system is a compromise of sorts that allows injured workers access to relatively quick, abridged benefits in exchange for not suing their employer for negligence.

Medical Care and Treatment Expenses

Your employer may be responsible for covering all of your medical costs related to your injury, including but not limited to:

• Visits to the doctor or other healthcare professionals

• Hospital stays

• Medical tests and lab work

• Physical therapy

• Prescription medication

• Prostheses

• Future medical care for long-term benefits

Your employer may also be required to pay for travel costs related to the treatment of your injuries.

Partial Wage Replacement

Wage replacement is available for injured workers who are able to earn only a portion or none of their previous average weekly wage. However, the wage replacement benefit does not cover an injured worker’s entire lost wages. 

Instead, only 66⅔ of the wage is replaced up to a maximum state-mandated amount, which is adjusted every year for cost-of-living purposes.

Long-Term Benefits

If a permanent disability results from a workplace accident, a worker may be entitled to receive long-term benefit payments. The amount of these payments depends primarily on the extent of the disability, which can either be a permanent partial or a permanent total disability. 

To qualify for permanent partial disability, a worker must receive a permanent impairment rating of an extremity that is greater than 0%. To qualify for permanent total disability, a worker must be considered to be so severely injured that they can no longer participate in the workplace in any capacity. 

Death Benefits

In the unfortunate situation that a fatality occurs, the deceased worker’s family may be entitled to death benefits that can be used for:

• $10,000 in burial and funeral expenses

• $1,000 in reasonable travel expenses

• Monetary compensation for specific dependents according to statute

Regarding the final bullet point, a deceased worker’s spouse can receive wage-replacement payments. The deceased worker’s dependent children may also receive wage-replacement payments if they are under 18 years old or younger than 23 and attending an accredited institution of higher learning.

What to Do Immediately After a Workplace Injury

If you become injured on the job, you should seek to have your work related injury evaluated as soon as possible. If the situation is an emergency, you should consider calling 911 immediately. 

You will then want to report the accident to your employer as soon as possible. In Virginia, you have 30 days to inform them. However, the sooner you let them know, the better. You should then meet with workers compensation attorneys to obtain the most optimal results from your workers’ compensation claim. 

Keep in mind that there is a statute of limitations for workers’ compensation claims — two years from the date of your work related injury unless you have experienced an occupational disease. 

For occupational diseases, the time limit is two years from the time you were informed of the disease and within five years of the last time you were exposed to the disease-causing work.

Common Causes of Virginia Workers Compensation Claims

1. Slip and Fall Accidents:

   • Workers can slip on wet or oily surfaces, trip over objects left in walkways, or fall from elevated areas like ladders or scaffolding. These accidents often lead to injuries such as fractures, sprains, and head trauma.

2. Repetitive Strain Injuries:

   • Repeated motions, such as typing, lifting, or assembling parts, can cause repetitive strain injuries (RSIs). Common RSIs include carpal tunnel syndrome, tendonitis, and bursitis, resulting in pain, inflammation, and reduced mobility.

3. Overexertion:

   • Overexertion injuries occur when workers lift, push, pull, or carry heavy objects. These actions can lead to strains, sprains, and herniated discs, often affecting the back, shoulders, and neck.

4. Machinery Accidents:

   • Operating or working near machinery poses significant risks, including entanglement, crush injuries, and amputations. Malfunctions or improper use of equipment can result in severe injuries requiring extensive medical treatment.

5. Falling Objects:

   • Injured workers may be struck by objects falling from shelves, scaffolding, or other elevated areas. These incidents can cause head injuries, concussions, fractures, and other serious harm.

6. Vehicle Accidents:

   • Employees who drive as part of their job, such as delivery drivers or construction workers, are at risk of vehicle accidents. These crashes can result in injuries ranging from whiplash and broken bones to severe trauma or fatalities.

7. Workplace Violence:

   • Physical altercations or attacks by coworkers, clients, or others can lead to injuries. Workplace violence can include anything from verbal threats to physical assaults, resulting in both physical and psychological harm.

8. Exposure to Harmful Substances:

   • Prolonged exposure to chemicals, fumes, dust, or other hazardous materials can lead to occupational illnesses. These conditions include respiratory issues, chemical burns, and long-term diseases like cancer or silicosis.

9. Fires and Explosions:

   • Accidents involving fires or explosions can cause severe burns, respiratory damage, and other life-threatening injuries. Such incidents often occur in industrial settings or areas where flammable materials are present.

10. Construction Accidents:

    • The construction industry sees numerous accidents, including falls from scaffolding, ladder accidents, or being struck by heavy equipment. These incidents can result in serious injuries or fatalities.

11. Electrical Accidents:

    • Contact with live electrical wires or faulty equipment can lead to electrocution, causing burns, cardiac arrest, and other severe injuries. Electricians and construction workers are particularly at risk.

12. Cuts and Lacerations:

    • Handling sharp objects, tools, or machinery can result in cuts and lacerations. These injuries range from minor cuts needing first aid to deep wounds requiring stitches or surgery.

13. Crushing Injuries:

    • Workers can suffer crushing injuries from being caught between heavy objects or machinery. These incidents can cause significant damage to bones, muscles, and internal organs, often leading to long recovery times or permanent disability.

14. Ergonomic Hazards:

    • Poor workstation design or repetitive tasks can lead to musculoskeletal disorders. Ergonomic hazards cause strain on the body, resulting in back pain, neck pain, and other discomforts that can develop into chronic conditions.

15. Heat Stress:

    • Working in high temperatures can lead to heat-related illnesses such as heat exhaustion, heat stroke, and dehydration. Symptoms include dizziness, nausea, and confusion, which can become life-threatening if not addressed promptly.

16. Cold Stress:

    • Exposure to extreme cold can cause conditions like frostbite or hypothermia. Workers in cold environments may experience numbness, shivering, and in severe cases, loss of consciousness or death.

17. Heavy Lifting:

    • Improper lifting techniques or lifting objects that are too heavy can result in back injuries, hernias, and muscle strains. These injuries are common among workers in manual labor roles.

18. Noise Exposure:

    • Prolonged exposure to loud noises can lead to hearing loss or damage. Workers in construction, manufacturing, or other high-noise environments often need hearing protection to prevent these injuries.

19. Struck by Moving Objects:

    • Being hit by moving vehicles, machinery, or other objects can cause a range of injuries from minor bruises to severe trauma. These incidents are common in dynamic work environments like construction sites.

20. Confined Space Accidents:

    • Working in confined spaces with limited access and egress poses risks of suffocation, entrapment, and exposure to toxic gases. Workers must have proper training and equipment to safely navigate these environments.

Each of these hazards underscores the importance of workplace safety measures and the need for comprehensive workers’ compensation coverage to support injured employees.

An Experienced Attorney Can Help

If you or a loved one has experienced a work injury, contact The Joel Bieber Firm to help maximize your workers’ compensation claim. Our team has represented hundreds of injured workers and has secured substantial compensation figures that have made a big difference in their lives.

Call our office today for a free consultation with a Virginia workers’ compensation lawyer who cares.