Roanoke Workers’ Compensation Lawyer

Injured worker filing for workers compensation claim.

Work injuries can lead to expensive medical bills, extensive time away from work, and a lot of financial worries. However, through a workers’ compensation claim, an injured or ill worker in Roanoke can pursue benefits that will help ease their financial burdens and ensure they get the medical treatment they need.

If you suffer from a work-related injury or occupational disease, you need to know about your responsibilities to report the accident and your right to seek benefits through a Virginia workers’ compensation claim. At Marks & Harrison, we’re here to help.

For more than 100 years, the attorneys of Marks & Harrison have protected the rights of injured and ill workers in Roanoke and throughout Virginia. We can review the incident that harmed you, explain the workers’ compensation benefits available to you, and walk you through seeking those benefits. Contact our Roanoke office today and learn more in a free consultation.

What Are Different Types of Roanoke Work Accidents?

Workplace accidents in Roanoke can happen to any kind of worker, regardless of their industry. While some accidents are more common in specific industries, any workplace accident can severely harm workers. Some of the most common types of work accidents in Roanoke are:

  • Slip and fall accidents caused by wet floors, poor lighting, and cluttered workspaces
  • Vehicle-related accidents involving truck drivers, delivery workers, and construction workers
  • Machinery accidents resulting in catastrophic injuries to manufacturing or construction industry employees
  • Falling object accidents caused by poorly secured cargo or a lack of safety equipment
  • Repetitive stress injuries that appear and worsen, which can affect office workers and manual laborers alike
  • Hazardous material exposure, such as exposure to asbestos or spilled chemicals, resulting in occupational illnesses.

What Are Common Work Injuries in Roanoke?

The type and severity of work injuries can vary significantly depending on the type of accident that caused them. Common work injuries in Roanoke, VA, include:

  • Back and neck injuries
  • Strains and sprains
  • Broken bones
  • Traumatic brain injuries (TBIs)
  • Burns and electrocutions
  • Crushing injuries and amputations
  • Carpal tunnel syndrome
  • Hearing and vision loss
  • Occupational illnesses.

Even if your work injury initially seems minor, it’s best to report it to your employer within 30 days after the accident and seek medical attention in case it develops into something worse.

Who Can Receive Workers’ Compensation Benefits?

Most employees in Roanoke qualify for workers’ compensation after they suffer a workplace injury. Typically, independent contractors do not qualify for benefits unless they can show that their employers misclassified them, or if their employers exert significant control over the work they perform.

As an employee, to qualify for workers’ comp benefits, your injury or illness must have occurred in the course and scope of your employment. So, it must have happened at work or while you were otherwise performing work-related duties.

What Are Different Types of Workers’ Comp Benefits?

Injured workers may be eligible for several types of workers’ comp benefits in Roanoke. The primary benefits available are:

  • Medical benefits —These benefits cover all reasonable and necessary medical expenses related to the work injury as long as an approved physician treats you.
  • Wage loss benefits —These benefits cover two-thirds of your lost wages during your recovery period or two-thirds of the difference in your pre- and post-injury wages.
  • Vocational rehabilitation — If your injuries prevent you from returning to your pre-accident role, you may be eligible for training to help you seek a job that meets your work restrictions.
  • Death benefits —These benefits provide wage loss benefits and funeral expense coverage for surviving spouses and dependent children if a worker suffers a fatal injury on the job.

Are There Deadlines for Filing for Workers’ Comp in Roanoke?

You must meet two major deadlines when you file a claim for workers’ compensation benefits in Roanoke. The first one is the 30-day deadline to report your injury to your employer. It’s best to report the injury as soon as possible, but you must do so no later than 30 days after the incident. The second one is the two-year deadline for filing your claim with the Virginia Workers’ Compensation Commission. Failure to meet either of these deadlines could result in your workers’ compensation claim being denied.

How Much Could I Receive in Workers’ Compensation Benefits?

The compensation you could receive from a workers’ comp claim in Roanoke depends on many factors, including the severity of your injury, your pre-injury average weekly wage, and whether your injury is permanent or temporary.

Wage loss benefits cover two-thirds of your average weekly wage up to a maximum amount set by the state each year (or two-thirds of the difference in your average weekly wage before and after you suffered your work injury). The more severe your injuries are, the more compensation you could receive to cover your medical expenses and the costs related to a permanent disability.

Could I Lose My Job If I File a Claim for Workers’ Compensation?

In Virginia, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. Still, some employers will take those actions and claim they let you go for other reasons. If you suspect you are the victim of retaliation, an attorney at Marks & Harrison can help you seek justice.

What Can I Do If My Workers’ Compensation Claim Is Denied?

Workers’ compensation claims are denied for many reasons, but some of the most common are:

  • Missed reporting or filing deadlines
  • Disputes over whether the injury is work-related
  • Lack of medical evidence.

If you experience a claim denial, you can appeal the workers’ compensation insurer’s decision through the Virginia Workers’ Compensation Commission. Your workers’ comp attorney at Marks & Harrison can file the appeal on your behalf and represent you in hearings before the Commission.

Get Help from an Experienced Roanoke Workers’ Compensation Attorney

At Marks & Harrison, we have a highly skilled team of 32 personal injury attorneys and over 130 support personnel, including research attorneys, in-house investigators, and lawyers who previously worked for insurance companies. Our record of success includes more than $1 billion recovered on behalf of injured Virginians and features some of the largest case results in Virginia history.

We are ready to assist with your workers’ compensation case. If you were injured on the job in Roanoke, contact us today for a free consultation about your case. We’ll review the details of your work accident and explain your options for seeking the benefits you need to move forward.