In the Commonwealth of Virginia, all matters of workers’ compensation are regulated by the Virginia Workers’ Compensation Commission. In addition to maintaining the rules set forth by Virginia law in regards to workers’ comp cases, the Commission generates the forms needed to file compensation claims, has jurisdiction over claim investigations and can appoint officers as needed to assist in these investigations, and maintains a record of accident statistics for each year. No employer or employee names are listed in the reports generated by these statistics, so as to prevent them from becoming a matter of evidence in any ongoing lawsuits related to workers’ compensation claims or workplace injuries.
As is common in most states, if you are injured while working in Virginia your employer is liable for the expenses of your medical care and treatment. In addition, there are a number of provisions in Virginia law to allow for additional workers’ compensation payments to be made if you are temporarily or permanently disabled or incapacitated. These payments are based upon an average wage defined by law, and shall continue for the remainder of your life if you are permanently disabled. Once settled, the amount of the annual wage will not be changed unless further computation reveals a difference of more than $104 per year (or $2 per week.) Payment on this workers’ compensation amount will be made weekly as per Virginia law.
There are stipulations to these continued workers’ comp claims, however. If you are a recipient of other Commonwealth assistance such as food stamps, are an AmeriCorps member, or are a Temporary Assistance for Needy Families recipient who is taking part in the work experience portion of the Virginia Initiative for Employment Not Welfare Program, then you won’t be eligible to receive these payments. Other factors may exclude you from receiving workers’ comp as well, such as drug use or being under the influence of alcohol or certain prescription medications at the time that the accident or injury occurred.
Because of the complexities of Virginia workers’ compensation laws, it’s important that you seek legal assistance if you are injured while on the job. Hiring a workers’ compensation attorney to help you make sure that all of the proper paperwork is filed in a timely manner and that all of the necessary procedures of the compensation program have been followed will save you a significant amount of time when it comes to the processing of your claim. You will also have someone to make sure that you don’t accidentally make mistakes that could cause your employer or their insurance company to decline your workers’ comp request.
Should your injuries be severe enough that you’ll need to go to court or seek additional workers’ compensation funds as detailed above due to disability, having a Virginia attorney who specializes in compensation claims will also greatly increase your chances of having the legal proceedings turn out well in your favor. Your attorney will be able to review your claim with you to help make sure that you’ve done everything that you’re supposed to according to Virginia law, and will also be able to keep you up-to-date on any recent changes to the law or the workers’ compensation system used in the Commonwealth.
Additional types of claims may also be made in certain circumstances, such as lung damage caused by working in the coal mines or claims to cover funeral expenses and survivors’ benefits in case the accident in question resulted in the death of a family member. Again, your attorney will be able to give you more information on these more specific types of workers’ compensation claims.
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