Your Right to Virginia Worker’s Compensation 

An injury on the job can be devastating on many levels. But worker’s compensation, which is a state-regulated form of insurance, can help ease the financial burden that comes with being temporarily out of commission or enduring permanent ailments. This program gives you a portion of your lost wages if you are injured at work or have a work-related illness. 

Most states require all employers to have some form of worker’s compensation insurance. However, a few states allow larger companies to self-insure. This means the corporation itself acts as its own insurer for worker injuries. Likewise, smaller companies, who employ 3 or 4 staff members, may not have to carry worker’s compensation insurance at all. If one of these workers sustains an injury, the claim is filed with the company’s insurance carrier, who then pays benefits according to that state’s guidelines. In Virginia, an employer with more than 2 employees needs to offer worker’s compensation. 

In essence, whether a company has actual worker’s compensation or funds injury claims through its own insurance, an employee has certain rights that include: 

• Immediate medical treatment for on the job injuries;
• The ability to file a worker’s compensation claim;
• The ability to select your own physician;
• Not being terminated by an employer because of a worker’s compensation claim; and
• Disability pay if an employee is partially or completely disabled due to an illness or injury on the job. 

Your Responsibilities When Receiving Virginia Worker’s Compensation 

Along with the rights that are given to injured workers, there are also employee responsibilities that must be honored. Some of these responsibilities include: 

• An employee who is hurt on the job must inform the employer of a work-related injury;
• The employee must file a claim within 2 years from when the accident occurred; and
• The employee must search and accept light work duties if capable. 

Contact a Virginia Worker’s Compensation Attorney Today 

The Richmond-based worker’s compensation attorney team at Injured Workers’ Law Firm represents everyday workers—people like you—throughout the state of Virginia who have experienced serious injuries, and we are prepared to answer each and every one of your questions thoughtfully. 

Before you talk to an insurance adjuster or even before you decide to hire an attorney, we urge you to order this FREE work injury guide. Then, once you feel ready to move forward as a claimant, give us a call at 1-804-755-7755 or toll-free at 1-877-755-7744. You can also contact us online today to schedule an appointment.

Not only can you throw the medical care and potential lost wages out the window by not telling your boss about your work injury, you could be harming your chances for a full recovery. Early diagnosis and treatment are essential to recovery for any kind of injury so it’s important to act quickly. 

If you don’t report your work injury and continue to do your job, you may not be able to perform as well. This could put you on your supervisor’s radar, maybe even causing your dismissal. 

Also, if you keep silent about an injury you sustained at work, you could be putting other employees in danger. When you report your condition, you give the workplace the chance to correct whatever dangers could have harmed you so that nobody else gets hurt. 

It is natural to feel worried about repercussions when reporting a work injury in Virginia. But there are laws in place to help you in case your boss decides to engage in any kind of retaliation. In fact, discrimination of any sort based on filing a worker’s compensation claim is illegal. The law is on your side. So make it work for you by reporting any injury on the job as soon as it happens. 

Contact a Virginia Worker’s Compensation Attorney Today 

The Richmond-based worker’s compensation attorney team at Injured Workers’ Law Firm represents everyday workers—people like you—throughout the state of Virginia who have experienced serious injuries, and we are prepared to answer each and every one of your questions thoughtfully. 

Before you talk to an insurance adjuster or even before you decide to hire an attorney, we urge you to order this FREE work injury guide. Then, once you feel ready to move forward as a claimant, give us a call at 1-804-755-7755 or toll-free at 1-877-755-7744. You can also contact us online today to schedule an appointment.

Unsafe Behavior with Forklifts 

Although the forklift is an essential tool, it can also cause harm if it’s not used properly. So it’s essential to understand unsafe behaviors in order to avoid any dangerous situations. 

Allowing an untrained or unauthorized worker to operate a forklift is the most common error, and this mistake can lead to serious injuries. Properly trained and certified forklift operators are the only workers who should get behind the wheel under any circumstances. Additionally, a forklift isn’t designed to carry passengers. So for the protection of all workers, the driver must be the sole person on this machine. 

Along with proper training, a forklift must also be in good repair. Operating a machine that doesn’t function as it should can lead to a serious forklift injury or even death. 

In addition, the machine must be turned off with its forks lowered when it’s not in use. This may seem like a common sense requirement, but all too often a forklift is left running, which is a major hazard. 

Safety Precautions Before Operating a Forklift 

Even if you’re authorized and certified to drive a forklift, there are still certain steps you should take every time you get ready to operate this machine. Avoid a forklift injury by following these guidelines: 

• Always check the horn, lights, fire extinguisher, and brakes to make sure they’re all working properly;
• Look over the forklift’s load and check to make sure there aren’t any broken or damaged pallets;
• Work with low loads so that your vision isn’t blocked;
• Don’t overload the forklift and be aware of capacity guidelines;
• Always wear the provided seatbelt and have a helmet and safety goggles on for added protection; and
• Have a spotter available to enable you to have a clear view from all directions. 

If you’ve been hurt because of a forklift-related incident on the job in Virginia, you may be able to file a worker’s compensation claim to help with your medical bills and lost wages. It’s important to understand your rights and a lawyer who specializes in these types of cases can guide you on how to pursue such a claim. 

Contact a Virginia Worker’s Compensation Attorney Today 

The Richmond-based worker’s compensation attorney team at Injured Workers’ Law Firm represents everyday workers—people like you—throughout the state of Virginia who have experienced serious injuries, and we are prepared to answer each and every one of your questions thoughtfully. 

Before you talk to an insurance adjuster or even before you decide to hire an attorney, we urge you to order this FREE work injury guide. Then, once you feel ready to move forward as a claimant, give us a call at 1-804-755-7755 or toll-free at 1-877-755-7744. You can also contact us online today to schedule an appointment.

A chronic disease is classified as either an occupational disease or an ordinary disease of life. The first step is figuring out whether you suffer from an occupational disease or an ordinary life disease.  To be classified as an occupational disease, your illness must have been caused by an outside source the general population isn’t readily exposed to. 

For example, asbestosis is an example of an occupational disease caused by chemicals the general population does not normally encounter. On the other hand, diabetes is a medical condition that is classified as an ordinary life disease.

An ordinary life disease can be considered an occupational disease for purposes of workers’ comp if you have evidence showing the disease exists and arose out of and in the course of employment and:

• follows as an occurrence of occupational disease;
• is contagious and contracted from your employment in a health and emergency-related field; or
• is an attribute of the employment.

Distinguishing between an occupational disease and a disease of ordinary life can be complicated. However, with the help of an experienced attorney, you can find out if your chronic illness may be covered under workers’ comp.

Call a Richmond, Virginia Workers Compensation Lawyer about Your Claim

If you are encountering obstacles with your work-related injury claim, an attorney can take some of the pain out of the process. Whether you plan on returning to work or collecting the benefits you may be entitled to, it is important to know your options for getting back on your feet. Order a copy of our free book to learn more about workplace injury statistics. Call today to get the Ultimate Guide to Workers’ Compensation in Virginia and speak to a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.

These programs can be highly successful in placing an injured employee in a position that he or she is both qualified for and capable of handling. However, not all injured employees are offered this career-changing opportunity.

FACT 1. Retraining Is Not an Automatic Benefit

Relearning the skills you had at your job prior to being injured is one of several options available to employees approved for vocational rehabilitation. The primary objective of vocational rehabilitation services is to restore an employee to profitable employment and to relieve the employer’s burden of potential compensation. Vocational services include evaluation, analysis, occupation coaching, development and placement, on-the-job training, and education/reeducation.

Before retraining is made available to an employee, an employer must be given a reasonable amount of time to provide other vocational rehabilitation services that will enable the employee to find a job within the employee’s existing capabilities. According to the workers’ comp commission guidelines, relearning of skills becomes a reasonable option if employment placement efforts fail, or the employee’s transferable skills are not readily viable.

FACT 2: The Employee Must Be Medically Ready.

Until an employee is medically approved for a return to light duty, the employee does not have to seek employment or undertake retraining. However, the employee may still meet with a vocational rehabilitation counselor to provide background information, to take part in an evaluation of functional capacities in expectancy of a work release and to execute other suitable preparations for the vocational rehabilitation.

FACT 3: Retraining Must Be Specifically Tailored to the Employee’s Abilities.

A retrain program must take into account the employee’s pre-injury job and wage classification; age, ability and level of education; the likelihood of success in the new vocation; and the relative costs and benefits of such services.

FACT 4: Acceptance into a Retraining Program Does Not Require the Worker to Provide Personal or Financial Information.

Workers are not obligated to give rehabilitation service providers personal or financial information — such as how many children he or she has, spouse’s employment or credit history — unless this type of information relates to a bona fideoccupational qualification for employment. However, an employee is mandated to disclose information that is relevant to the job, including whether he/she is legally suitable for employment, has a valid driver’s license or has been convicted of a felony. He/she must also provide his/her prior work history.

FACT 5.  The Employee is Entitled to Reimbursement of Incidental Expenses.

The employee is entitled to compensation for costs incurred during vocational rehabilitation efforts. This includes mileage costs for trips made to a retraining program. Because transportation is seen as an essential service, it is the duty of the vocational rehabilitation provider to make sure that employee has viable transportation opportunities. This may include providing mileage money in advance or arranging another form of transportation, if requested. 

FACT 6.  The Employee Has the Right to An Attorney.

An employee has the right to have his or her attorney present at the initial vocational rehabilitation meeting. An employee may also consult with his/her attorney at any time.

Contact a Richmond, Virginia Workers’ Compensation Attorney

When you have difficulty with your work-related injury claim, a Virginia Workers’ Comp attorney can bear some of your burden. Whether you plan on returning to work or collecting the benefits you may be entitled to, it is important to know your options for getting back on your feet. Order a copy of our free book to learn more about workplace injury statistics. Call today to get the Ultimate Guide to Workers’ Compensation in Virginia and speak to a Workers’ Comp lawyer at the Injured Workers’ Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.

When it is hard to come by or when you’re facing an uphill battle in obtaining benefits, a Workers’ Compensation lawyer may be able to help. 

One of the setbacks that can be experienced in the filing of a Workers’ Compensation claim is seeing a doctor of your employer’s choosing. They may try to downplay your injury or illness, or even outright deny that you are hurt. This is why it’s important that you do your part to gather as much evidence as you possibly can. 

Immediately upon learning of a work-related illness or sustaining a work-related injury, you should begin collecting it. One piece of evidence that will be helpful in proving your claim is an accident report. If your injury occurred while on the job, make sure an accurate, detailed report is completed.  

Company policies, safety warnings or any other documentation related to the accident should also be gathered. You may even wish to get a copy of your employee handbook, which may provide helpful information. 

You should also get copies of your medical records, including test results. Make sure you get a copy of any prescription medication you are put on. If you are scheduled for further treatment (surgery, physical therapy, etc.), it’s important to have documentation of this. 

Other types of evidence that may be helpful include: 

• photographs or video footage;
• testimony from co-workers; and
• anything else that pertains to your injuries or illness. 

Your evidence could make a significant difference in the outcome of your claim. 

Contact Virginia Workers’ Compensation Lawyer  

When you have difficulties with your work-related injury claim, a law firm in Richmond can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.

Although an employee may be entitled to these benefits, an employer may try to deny their claim. If this is the case, then you should immediately consult with a Workers’ Compensation lawyer based in Richmond. 

Proving an Illness Is Related to Your Job 

If you fall from a ladder at work or are injured in a company car, it is easy to prove that it occurred during the course of your work. However, this isn’t always the case when it comes to a severe illness. 

Your employer may try to say that the illness has nothing to do with your job or was caused by outside factors. Because of the unique challenges that may exist with this, seeking legal counsel from a Workers’ Compensation lawyer may be your best option. 

Certain jobs do pose serious risk of illness or diseases. For instance, those who work in coal mines can develop black lung disease, and those who work with asbestos, a hazardous material, can develop a type of cancer called mesothelioma. 

These are commonly recognized as illnesses that can develop. However, other illnesses may be much more difficult to prove as being job-related. This is why you will need ample evidence to back up your Workers’ Compensation claim. 

Keeping records of changes in your health and the toxins you are exposed to at work is one type of evidence:  

• medical records;
• test results;
• statements from co-workers; and
• any other documentation related to your work and illness could potentially be helpful. 

An attorney may also seek outside resources such as studies that show certain industries in Virginia may be commonly associated with similar illnesses. 

Impact of the Statute of Limitations on Your Workers’ Compensation Claim 

Be aware that the statute of limitations can impact your Workers’ Compensation claim. These may vary from state to state but they impose strict deadlines on how long a worker has to file their claim. 

The statute of limitations can range anywhere from 1 to 3 years, and this can become an issue when an illness isn’t immediately evident. It can take months, years or even a couple of decades for the symptoms of a serious disease or illness to manifest. 

One possible way around this is a clause contained in most of the laws surrounding Worker’s Compensation. It is that the claim must be filed within the time period from when the employee “knew” or “should have known” about their illness. 

If you didn’t know until 15 years later that you had developed the illness, then the statute of limitations would not begin until then. However, this can further complicate matters, which is why you would benefit in having the help of a Virginia Worker’s Compensation lawyer. 

Seeking Legal Help for Your Virginia Workers’ Compensation Claim  

Workers’ Compensation claims can be complicated and time-consuming. You may find your claim being denied by your employer or their insurance carrier. It can feel like a no-win situation but you shouldn’t let it deter you from seeking the benefits that you may be entitled to. 

A Workers’ Compensation lawyer can provide the legal help you need to try and get your life back on track. That could mean receiving benefits for your medical expenses and missed time from work. For a better understanding of your rights as an employee, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia. Don’t delay. Contact the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.

If you have suffered serious injuries while working at a construction site, you should discuss your legal options with a construction accident lawyer. 

Most construction job sites usually follow strict safety standards, but accidents can still happen. If your construction accident injury happened while you were performing the work that you were hired to do, then you could have grounds for filing a Workers’ Compensation or personal injury claim.  

Common Causes of Construction Accident Injury 

There are many ways in which you could sustain injuries on a construction site, including: 

• roofing accidents;
• welding accidents.
• misusing tools;
• using defective equipment;
• getting hit by falling objects;
• electrical accidents;
• slipping and falling;
• using safety restraints inappropriately;
• power tool accidents;
• explosions and fires;
• scaffolding accidents; and
• being struck by equipment. 

A construction accident injury is typically the result of negligence on the part of your employer or fellow coworkers. Whoever is responsible for safety on the site has a duty to ensure that you will be safe and protected when you show up for work. 

Because it is the employer’s responsibility, you cannot receive compensation if it is shown that: 

• you were hurt while driving to or from work;
• you were injured while horsing around during your lunch break; or
• you were under the influence of drugs or alcohol while working. 

If you were at fault for the injury, it is unlikely that you will be able to file a claim. However, it is still a good idea to contact a lawyer to see if you can recover even partial Workers’ Compensation benefits. 

If you believe that after a construction accident injury, you are entitled to compensation, call a construction accident lawyer right away to learn about your rights and options.  

Those responsible for construction site safety, like a foreman or supervisor, accidentally could overlook hazardous conditions that could lead to a serious construction accident injury or even a fatality. While some injuries on the jobsite may be minor, there are others that could prove deadly or debilitating. 

Examples of a Serious Construction Accident Injury

• Traumatic Brain Injury (TBI) – depending on the extent of the injury, TBI can cause confusion, dizziness, ringing in the ears, blurred vision, behavioral changes, memory problems, vomiting, seizures, slurred speech, weakness, loss of coordination and anxiety.
• Spinal cord damage – spinal injuries can lead to partial or complete paralysis, breathing issues, loss of bladder or bowel control, and loss of speech.
• Broken bones – broken bones can require surgery and extensive healing times.
• Third-degree burns – this type of extremely painful and dangerous burn could require skin grafting, infections and scar tissue. You also may suffer emotional distress from this type of construction accident injury.
• Organ damage – lung damage can occur from inhaling dangerous chemicals or fumes; you could suffer internal bleeding after a fall; or you could puncture an organ in an impaling.

These kinds of injuries could require years of medical care, attention and rehabilitation. Some may never fully heal or leave a victim permanently disabled or disfigured. It is important to contact a construction accident lawyer as soon as possible after your work injury so that you have the best chances of receiving compensation for your construction accident injury. 

If you wait too long to take legal action, you could miss out on that chance and be left dealing with expensive medical bills and making up the difference for lost wages on your own. 

Contact an Attorney about Your Work Related Injury Claim 

When you have difficulties with your work-related injury claim, a Virginia workers’ Comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.

If your claim is denied, you should consider hiring a Workers’ Compensation lawyer to assist you in filing an appeal. In an appeal, you may be required to provide evidence and information that supports your claim of a slip and fall injury and may even have to speak to a panel about your experience. 

You should not attempt to go through the process alone as the Workers’ Compensation system can be very complex and confusing to someone not familiar with the system. You do not want to say or do anything, during an appeal hearing, that could bar you from receiving the benefits you need to take care of medical bills and other injury-related costs. 

To prepare for an appeal you should collect as much evidence as possible to support your claim. This includes: 

• medical records;
• accident reports;
• eyewitness accounts;
• pictures; and
• video and notes. 

If you were hurt at work and are unsure about whether or not you can receive benefits you should seek professional legal help as soon as possible. Failing to do so could mean that your claim is denied or suspended. Remember that you are not an expert and cannot decide on your own whether or not an injury will be covered. It is best to report any and all injuries to your employer and a Workers’ Compensation lawyer to increase your odds of getting the help you need in a timely manner. 

Contact a Virginia Attorney about Your Work Related Injury Claim 

When you have difficulties with your work-related injury claim, a Virginia workers comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.

No matter how serious the injury, trip and fall accidents may require medical attention and time away from work. If this has happened to you, you may be eligible to file for Workers’ Compensation to help with the cost of medical bills and other expenses related to treating your injury. 

Some workers may not believe that their trip and fall injuries are serious, and therefore, fail to report them to their employers or seek medical care. Even if an accident and the resulting injury do not seem serious, it is still a good idea to be checked out by a doctor and to report the incident to your supervisor. Failure to do so may hinder you from seeking Workers’ Compensation benefits in the future. 

Common Causes of Trip and Fall Injuries 

Many types of soft tissue, bone, and nerve damage from trip and fall injuries could take weeks or even years to present themselves and you will need to have the medical evidence and paperwork to back you up in a Workers’ Compensation claim.  Most trip and fall injuries can be prevented and the most common causes can include the following: 

• tripping on wires or cords that are not secured;
• falling into potholes or manholes on construction sites;
• slipping on wet floors or chemical spills that have not been cleaned up properly or in a timely manner; and
• falling or tripping due to damaged work equipment or unkempt property. 

Trip and fall injuries in the workplace can have very serious consequences. From broken bones to nerve damage, the affects can be long-lasting and debilitating. If you have experienced a trip and fall injury on the job and are having trouble paying for medical bills or making up for last wages, pursuing a Workers’ Compensation claim may help you stay financially afloat. In a time that is probably already confusing and stressful you may not know what to do. Follow these steps: 

• see a doctor as soon as possible for treatment of injuries;
• report the incident to your supervisor;
• write down your account of the event that led up to the accident and what occurred afterward;
• write down the names and contact information of anyone who may have witnessed the accident; and
• if possible, take photos and/or video of the accident scene and your resulting injuries. 

After you have taken these actions, the next step you take should be to contact an attorney who can help you gather the pertinent information that will strengthen your Workers’ Compensation claim.  Filing for these benefits can be confusing and stressful especially if you are dealing with a serious injury. 

Your claim may even be denied if not filed properly so it is best to leave this process in the capable hands of an experienced Virginia legal team. Do not be ashamed or scared to file for benefits after trip and fall injuries. It is illegal for your employer to punish you for seeking help and there is nothing wrong with getting assistance for yourself and your family, if you are unable to work for legitimate reasons. 

Contact a Virginia Attorney about Your Work Related Injury Claim 

When you have difficulties with your work-related injury claim, a Virginia workers comp attorney can bear some of the burden you have been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.