The average workers’ compensation settlement in Virginia will include money for an injured or ill worker’s lost wages, permanent disabilities they have suffered, and medical care they may need to treat their injuries or manage chronic pain.
If you’re an employee who was injured on the job and is entitled to workers’ comp benefits, call a lawyer. You can maximize your financial recovery in a workers’ compensation settlement by consulting an experienced attorney who can help determine what fair compensation may look like for you.
What Does Workers’ Compensation Cover?
In Virginia, the workers’ compensation system provides employees who suffer a work-related injury or illness with certain defined benefits, including:
- Medical benefits, which cover the cost of reasonable and necessary treatment and rehabilitation, plus mileage reimbursement for travel to and from medical appointments
- Temporary disability benefits that partially reimburse lost income while on work restrictions due to injury or illness
- Permanent disability benefits that provide financial payments for loss of body parts, loss of the use of bodily functions, or total disability from employment
- Death benefits, which compensate a surviving spouse or dependent children of a worker whose death occurs due to a work-related injury or illness
How Are Virginia Workers’ Compensation Settlements Calculated?
Employers and injured workers may negotiate a workers’ compensation settlement based on various factors. Those factors can include:
- The type of injuries or illnesses the worker has suffered
- The severity of those injuries or illnesses
- The physical pain or emotional distress the worker has endured
- The worker’s past uncompensated medical expenses and future anticipated medical expenses
- The worker’s past uncompensated lost wages and anticipated future loss of earning capacity
Do Certain Injuries or Illnesses Result in Higher Workers’ Comp Settlements?
The severity of your work-related injury or illness may influence how much you receive in a workers’ compensation settlement. Injuries that result in permanent disability or disfigurement may result in larger settlements to compensate for the loss of bodily functions and earning capacity. Chronic illnesses that require a long course of treatment or reduce a worker’s life expectancy, such as cancer, may also result in a larger workers’ comp settlement to cover the cost of expensive medical care and lost future earning capacity.
How Are Workers’ Comp Settlements Paid?
In Virginia, workers’ compensation settlements may take one of several forms, including:
- Lump-sum settlement – The most common form of settlement, a lump-sum settlement ends a workers’ compensation claim in exchange for a final cash payment.
- Structured settlement – In this kind of settlement, the employer satisfies the agreed-upon settlement amount over periodic payments.
How Long Does a Workers’ Compensation Settlement Take?
Negotiating a workers’ compensation settlement can take weeks, months, or even years. Multiple circumstances can affect the timeline or duration of settlement negotiations, including:
- The nature of your injuries or illness
- The duration of your medical recovery or how long it takes for you to reach maximum medical improvement
- Whether your employer or the workers’ compensation insurer contests the work-related nature of your injury or illness
- The complexity of the evidence in your case
- How quickly the insurer investigates and processes your claim
- The presence of any circumstances that may risk your right to workers’ compensation, such as intoxication or horseplay on the job
Hiring a skilled workers’ compensation attorney may help you move quickly through the process as they can persuasively negotiate with your employer and their insurer.
What Should I Do If My Workers’ Comp Claim Is Denied?
When your employer or the workers’ compensation insurer has denied your claim after you’ve suffered a work-related injury, you can pursue financial benefits and compensation to help with your recovery. First, you should file your formal workers’ compensation claim with the Virginia Workers’ Compensation Commission within two years of a work accident or diagnosis of an occupational illness (Virginia Code § 65.2-601). Filing a timely claim will entitle you to request a hearing with the Commission.
You should also gather any information or documents relating to your work injury or illness, such as photos and videos of the work accident scene, medical records of your treatment and rehabilitation, and copies of your pre-injury pay stubs.
You can pursue voluntary mediation with your employer or the insurer to negotiate a potential settlement of your workers’ comp claim. Your attorney can advise whether pursuing mediation is a viable option in your case.
At a hearing before a workers’ compensation commissioner, you may obtain an award entitling you to benefits (Virginia Code § 65.2-702). If the commissioner rules against you, you have the right to appeal to the full Commission and, from there, to the Virginia Court of Appeals (Virginia Code § 65.2-706). Get help from an attorney who can guide you through the process of appealing the denial of your workers’ comp claim.
How Can a Virginia Workers’ Compensation Attorney Help with My Settlement?
After sustaining a severe work injury or a diagnosis of an occupational disease, you may need a Virginia workers’ compensation attorney to help you demand maximum financial recovery in a settlement. A lawyer can help you pursue the financial relief and benefits you need and deserve by:
- Thoroughly investigating your claim to secure evidence proving the work-related nature of your injury or illness
- Documenting your ongoing and future medical expenses or lost wages to calculate the benefits you should receive
- Working with medical and vocational experts to understand how your injuries or illness will affect your future capacity to work
- Evaluating your settlement options to determine what type of settlement will best serve your interests
- Filing your formal workers’ comp claim and aggressively pursuing a settlement that provides full financial relief for you
Contact a Virginia Workers’ Compensation Lawyer
When you’ve suffered a work-related injury or illness, get the legal help you need to pursue maximum compensation in a workers’ comp settlement. Contact Marks & Harrison today for a free, no-obligation consultation to discuss your rights with an experienced Virginia workers’ compensation lawyer.
