If you have been hurt while working in Virginia, you could be entitled to compensation through filing a workers’ comp claim. However, the claims process can be complicated to navigate on your own, especially when you’re already dealing with a long and painful recovery.
At Marks & Harrison, our experienced attorneys have defended workers’ rights for over 100 years. We are deeply familiar with Virginia workers’ compensation and employment laws. Our team is prepared to use our considerable knowledge and resources to demand the benefits you deserve.
To learn more about claiming compensation after a work injury, contact us for a free initial consultation with a skilled workers’ comp lawyer.
What Is Workers’ Compensation?
Many Virginia employees who get hurt or sick at work are eligible for benefits under the Workers’ Compensation Act. Virginia employers with three or more regular employees must purchase workers’ comp insurance or qualify as self-insured on behalf of their workers.
Virginia workers’ compensation laws cover nearly all work-related injuries and conditions. This coverage extends to accidental injuries and health conditions that develop over a long period during work-related activities.
Eligible employees are entitled to many benefits after developing a work-related injury or condition. Workers’ comp benefits cover all necessary medical costs associated with work-related health issues and up to two-thirds of lost wages for missed work. Disability benefits are also available when an employee sustains a partial or total disability. Survivor benefits may be available to surviving loved ones of workers who lost their lives on the job.
Do You Have to Report a Work Accident to Your Employer?
If you are eligible for workers’ compensation, you should always report work accidents to your employer. Even if your injuries seem minor or even nonexistent, there’s always the chance your condition could worsen later. Since you’ll be ineligible for benefits later if you fail to notify your employer promptly, it’s better to be safe than sorry.
Even if you are not sure whether you’re eligible for workers’ compensation, you should report the injury or illness to your employer without delay. If you are covered, your employer can authorize a doctor to treat you right away.
You can seek treatment without notifying your employer if you are severely injured and need emergency medical attention. But make sure you let the emergency care team know you are there for a work-related injury and notify your employer as soon as possible.
How Long Do You Have to Report an Injury at Work in Virginia?
It’s best to immediately notify your employer of a work-related injury or condition. At the latest, you must notify them within 30 days of the accident or the date you received the diagnosis for a work-related condition.
Virginia’s workers’ compensation law only states that you should report the injury to the “employer.” To be safe, you may want to submit your notification to any supervisor or human resources representative at work, including your immediate boss, manager, foreman, or company owner. If possible, it’s best to submit a written, signed, and dated notification letter to all work superiors and your treating physician. Be sure to keep a copy for your records.
If you cannot notify your employer, you may have someone else do it for you. You will still meet your legal requirement if you have a co-worker, friend, family member, or attorney submit a letter of notification for you.
How Long Does Your Employer Have to Report Your Injury?
Under Virginia workers’ comp law, your employer typically has 10 days to report your injury to the Workers’ Compensation Commission (WCC). If an accident, injury, or condition is considered “minor,” your employer has 30 days to report it. It will not be considered minor if any of the following apply:
- The condition caused you to miss work for more than seven days.
- The necessary medical expenses are over $1,000.
- The claim is disputed or not compensable.
- The condition resulted in an employee’s death.
- The condition resulted in permanent disability or disfigurement.
- The VWCC makes a specific request.
What Happens If Your Employer Doesn’t Report Your Accident?
When your employer submits a report of your work-related condition to the VWCC, you should receive a confirmation letter from the Commission. The letter will contain instructions on how to access your claim account online. If you do not receive this letter, you can file a claim with the VWCC yourself. You can do so by:
- Filling out a Claim for Benefits Form and taking it to any VWCC office location
- Mailing a completed form to: Virginia Workers’ Compensation Commission, 333 E. Franklin St., Richmond, VA 23219
- Faxing a completed form to (804) 823-6956
- Creating a WebFile account and then filling out the claim form online
If your employer doesn’t report your condition to the VWCC, they could face fines and other serious penalties. The usual two-year time limit you have to file a claim for benefits may also be paused or “tolled,” meaning you wouldn’t be penalized for an employer’s negligence.
What Happens If You Fail to Report the Work Accident to Your Employer Within 30 Days?
If you don’t report a work accident or a work-related condition to your employer within 30 days, you could lose your right to workers’ comp benefits. Even if you file your claim within the standard two-year time limit, the claim will likely be denied if you never reported the injury or illness to your employer.
Contact a Virginia Workers’ Comp Attorney Today
The Virginia workers’ compensation system has strict regulations and deadlines that can be challenging to keep track of and follow. Employers and their insurance companies may also drag their feet or avoid paying claims outright.
Fortunately, you don’t have to go through this alone. The respected workers’ comp attorneys at Marks & Harrison are here to guide you every step of the way. Contact us today to discuss the details of your work injury case in a free initial consultation.
