Getting injured on the job can be a life-changing experience. Whether you were hurt in an unexpected mishap at work in Charlottesville or have been diagnosed with an occupational disease, you must spend time understanding your rights. The workers’ compensation system in Virginia is fair to employers and employees alike. While employers are required to pay for the insurance, they also enjoy immunity as far as direct lawsuits are concerned. Employees, on the other hand, can claim benefits under the system. Regardless of facts, you need a Charlottesville workers’ compensation lawyer to represent your case. Before you file the claim, here’s a quick overview of the system.
Inform your employer and seek medical care
Before anything else, ensure you seek medical care for your injuries. Any delay in treatment can make it hard to prove the workers’ compensation claim. Also, you are required by law to inform your employer about the injury. Laws in Virginia give you 30 days to notify your supervisor or HR manager but consider doing that without delay. You should also follow the norms and provide a statement in writing.
No need to prove the fault
When it comes to work-related injuries and illnesses, you don’t need to blame your employer for recovering the benefits. This is a transparent no-fault system, which allows workers to file a claim without pointing fingers. In that context, workers’ compensation is different from personal injury law. Remember that you cannot sue your employer either.
The worth of your case
Your workers’ compensation benefits should cover the cost of your medical care and lost wages. You can get wage replacement benefits for the time you are out of work. Your future need for treatment is also a relevant factor. There is no specific formula to determine the worth of a workers’ compensation claim, and if you don’t understand the damages, talk to an attorney. Most law firms in Charlottesville will be happy to review your case, for which there is typically no upfront fee.
When a claim is denied
From documentation errors to insurance tactics, there are several reasons why a workers’ compensation claim could be denied. If the decision is not in your favor, you still have the option to go to the Commission. You need a strong case for that, and this is also a reason to seek legal counsel. Your lawyer will take care of the investigation and paperwork for you.
Call an attorney now to find out more about your case.