QUESTIONS & ANSWERS

What are Workers’ Compensation benefits?
How do I seek medical treatment?
Do I have to hire a lawyer to get Workers’ Compensation benefits?
What are some of the issues associated with Workers’ Compensation claims?
How do I file a Workers’ Compensation claim without an attorney?
What do I do if my claim is accepted?
What if my claim is denied?
How will Marks & Harrison help me with my Workers’ Compensation claim?

What are workers’ compensation benefits?
Benefits include payment for all medical treatment (prescriptions, supplies, equipment, hospital costs, doctor bills) and a portion of your weekly wages. Benefits for lost wages will vary depending on whether your injury is considered a temporary total disability or a permanent disability. Compensation is based on your average weekly wage (gross earnings before the accident or disease, usually during the preceding 52 weeks, and includes overtime and other benefits provided by the employer such as meals, uniform, car and housing allowances).

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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How do I seek medical treatment?
After receiving notice of your industrial accident or occupational disease, your employer should give you a list of three doctors. You are required to select a treating doctor from this list. You may choose your own doctor if you employer does not give you a list. If your claim is compensable, your employer will pay for medical costs that are reasonable and necessary. Your compensation payments may be suspended if you fail to attend any scheduled medical appointment or if you fail to follow the treatment program prescribed by the doctor.

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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Do I have to hire a lawyer to get workers’ compensation benefits?
When a worker is injured, his or her claim is filed with the workers’ compensation insurance company (or self-insuring employer) who pays medical and disability benefits according to a state-approved formula. However, injured employees are strongly advised to consult a professional who understands the workers’ compensation laws that apply to their specific circumstances. An attorney qualified to interpret workers’ compensation laws will be able to provide legal guidance and assistance to ensure full recovery of all funds to which the injured worker is entitled. Your employer and its insurance company will always have an experienced attorney representing their interests. You will also be dealing with insurance adjusters who work for the insurance company and whose job it is to pay as little as possible.

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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What are some of the issues associated with Workers’ Compensation claims?
Your employer can deny workers’ compensation claims. Employers can stop paying benefits. Employer fraud does exist since the employer’s workers’ compensation insurance premiums can go up when a claim is filed (much like your car insurance premiums are higher if you file a claim). Workers can be cheated out of part or all of their workers’ compensation claims if employer fraud is present. There are also limitations to workers’ compensation laws and even more misunderstandings about what they mean. For instance, independent contractors are not eligible to collect benefits, although the definition of an independent contractor can be vague. Other workers not covered include business owners, farm workers, and railroad employees. A VA workers' compensation attorney representing your interests will help you deal with these issues as well as many others, including returning to work and how your claim is impacted by pension benefits and unemployment compensation.

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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How do I file a workers’ compensation claim without an attorney?
It is your responsibility to timely file your claim with the Virginia Workers’ Compensation Commission, even if your employer is voluntarily paying your wages and medical bills.

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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What do I do if my claim is accepted?
You may be asked to sign a form called an Agreement to Pay Benefits. This form states that you were injured on the job or disabled by an occupational disease, lists any period of disability and has other information about your claim. Make sure that all the information is correct, especially the stated average weekly wage and the body parts that were injured or affected. The Agreement to Pay Benefits will be sent to the Virginia Workers’ Compensation Commission for an award to be entered on the information on the Agreement. The award requires the carrier to pay your benefits.

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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What if my claim is denied?
Many claims are denied based on a doctor’s report that you are not injured. You have a right to challenge this and this is where having an attorney represent you becomes very important. Although the law allows you to represent yourself, under most circumstances you should hire an attorney experienced in VA workers’ compensation to handle your claim.

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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How will Marks & Harrison help me with my workers’ compensation claim?
There is never a charge for an initial consultation and you will pay no legal fees unless you hire us. Our team of VA workers' compensation lawyers and support staff strives to satisfactorily meet client objectives and goals by focusing on your case. Should you choose to have us represent you, we will do the following:

• Meet with you to learn all the facts relating to your case
• Explain to you all of your important legal rights
• Review your medical records in order to obtain a full understanding of your injuries and medical condition
• Meet with your physicians and health care providers
• Answer all of your questions regarding workers’ compensation
• Keep you advised and informed about the progress of your case

For more information on workers' compensation claims in Virginia, please review our Workers' Compensation page.

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For more information on workers' compensation claims in Virginia, please review:
Workers' Compensation
Workers' Compensation Legal Glossary

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