Advocating for Injured Workers Throughout Virginia

You have thirty (30) days after a work injury to notify your employer of the injury.

If you have sustained a work injury, it is important to inform your supervisor right away. By waiting, you are putting your worker’s compensation claim or potential workers’ compensation claim and injury(ies) at risk – especially if you need extensive medical care.

Many employers say that you must give them twenty-four (24) hours’ notice. Since your employer may automatically deny your claim if you violate their notice policy, it is best to follow your employer’s policy but this is not required to obtain benefits. As long as it is reported to a supervisor within thirty (30) days, you can be eligible to receive workers’ compensation benefits.

This is different than the time limitation on how long you have to file a claim with the Virginia Workers’ Compensation Commission. You have two years from the date of your injury to file a claim with the Virginia Workers’ Compensation Commission. This must be done separate and apart from reporting your injury to your Employer.

The work environment can be a little uncomfortable after a work injury. Unfortunately, the sad reality is that having an injury at work and then having a subsequent workers’ compensation claim does not protect your job. You need to communicate your work restrictions to your employer by supplying the employer with a copy of your doctor’s note after every appointment.

If your employer terminates you while the doctor has you out of work, workers’ compensation insurance can still pay your lost wages for the period that your doctor has you on a no work status.

If you are working under restrictions from the doctor, it is your responsibility to make sure you follow those restrictions at all times while also following the policies and work rules laid out by your employer. If the employer is asking you to do things outside of the restrictions your doctor has given you or is asking you to complete tasks that you are not sure if you should do, you need to notify your doctor immediately and get clarification from him or her as to what you should be doing. Remember, your doctor is the only one who can determine your work status and physical abilities and you need to always follow them whether at work or at home.

If you are terminated from your employer while you are under light duty restrictions, the circumstances of your termination can play a large factor as to whether or not you can still receive workers’ compensation lost wage benefits. If your employer terminates you from employment for things unrelated to your limited work abilities (like excessive tardiness, bad behavior, or noncompliance of work place policies) you will likely not be able to collect workers’ compensation lost wages. If the employer terminates your employment because you are unable to do your full work load due to the work restrictions or because they do not offer light duty work, you may still be eligible for lost wage benefits through workers’ compensation insurance. Each person has a “different but similar” situation and you need to talk to us to make sure you are taking the proper steps for your particular set of circumstances.

There are many reasons that your claim may be denied. You may have said, “I am not sure what I did/why I fell/I didn’t feel any pain at the time.” The reason does not necessarily mean that you do not have a case.

Thousands of cases are denied. I, along with numerous other workers’ compensation attorneys, have jobs/careers based upon the fact that adjusters wrongfully deny claims all of the time. Call our Richmond workers' compensation attorneys to get a free analysis of your claim and find out if you should continue pursuing workers’ compensation.

Yes. The injured worker is always responsible for filing the Claim Form with the Virginia Workers’ Compensation Commission. Even if your employer completes their own accident report and sends it to their insurance carrier, they are only required to notify the Commission that you were injured which is not the same as filing a Claim Form. Remember, it is your responsibility to pursue your claim.

The Injured Workers Law Firm is focused on serving clients with workers’ compensation claims in Richmond and throughout Virginia. For answers to your questions about benefits download our book, The Ultimate Guide to Workers’ Compensation in Virginia or call our office today (866) 461-0182.

The Injured Workers Law Firm serves workers throughout Virginia. We also help those who live outside the state but who have suffered a work injury in Virginia.