If you have been injured in the workplace, you might be entitled to compensation for your injuries. The Virginia Workers’ Compensation Act is the governing statute over workers’ compensation disputes throughout the state. The majority of employers throughout the state are required to carry workers’ compensation insurance in case their employees are hurt and entitled to compensation.
If you have been injured at your place of employment, you must report the injury as soon as possible to your employer. An injured employee should also make a claim to the Virginia Workers’ Compensation Commission. Each claim must be filed within two years of the injury.
There are a few basic requirements that must be met when determining whether someone is eligible to receive workers’ compensation benefits. Of course, just meeting the basic requirements below does not guarantee benefits automatically, each case is examined independently before a decision can be made. The requirements are:
- The employer carries worker’s compensation insurance
- The person seeking the workers’ compensation benefits is considered an employee of the employer
- Work activities were being performed when the injury was sustained.
Each of these requirements is broken down further to determine whether the requirement is met.
In order to determine whether a worker is an employee, there are different official definitions of an employee:
- Individuals working at a business full-time
- Individuals working at a business part-time
- Corporate officers or LLC managers
- Work performed by family members at a place of business
- Temporary workers
- Seasonal workers
- Minors performing work
- Employees of non-profit businesses
As you can see, there are many different types of individuals that are considered employees. If the employee-employer relationship is not as easily established or defined, keep these questions in mind:
- Who is in control of the work performed; who determines the way in which work gets done?
- Can the person performing the work be fired?
- Is the person performing the work receiving payment for the work?
The requirement of the injury occurring while work is being performed is met depending on the particular duties associated with the job in question. If the employee is performing an essential function of his or her job, or other responsibility delegated to them, the injury might be considered as part of the work performed.
The workers’ compensation attorneys at Greg Baker Attorneys at Law, LLC are here for you if you have been injured on the job. We know that injuries can be detrimental to your livelihood, especially if it impacts your ability to do your job. Employers are not always quick or eager to provide the workers’ compensation benefits after an injury. Let us deal with any hassle of you receiving those benefits so your focus can be on recovery. Contact us today for a free consultation.