Employers with two or more employees must carry insurance in order to protect these employees if they are injured while performing work duties. This also protects the employer from being sued by the employee at a later date, in relation to injuries allegedly sustained while on the job. In order for claims to be brought forth, the employee must have been performing an activity related to work, been injured at work, and must have been working during an approved work timeframe or time schedule.
Common Accidents Related to Workers Compensation
Some of the most common situations that employees wish to pursue workers’ compensation for include machine operation injuries, heat or cold burns from chemicals not labeled, forklift accidents, fires or explosion and slip and falls. These injuries need to occur while the employee is “on the clock,” not when the employee is pursuing other types of duties not scheduled for working for the employer.
Workers Compensation in Virginia
Benefits available to injured workers in Virginia include lifetime medical benefits to those that are injured in a way or poorly considered that they cannot work at their current job again. Wage replacement also gives workers partial or full wage loss payments for the duration of their injury. Permanent total or partial disability leads to partial payments or lifetime compensation for various injuries including loss of mobility, paralysis or loss of limbs.
If a worker died as a result of their injuries, death benefits could be granted to the named beneficiaries. A spouse, representative of an estate (if applicable), a child under 23 enrolled in school full-time or any individual who depended on the worker who died can bring forth an application for being allocated the worker’s benefits. If they are approved, they can receive up to 500 weeks of benefits at 2/3 of the wages. These benefits can be filed up to nine years following an accident.
How to Put in a Workers’ Compensation Claim
First, report the incident immediately to a supervisor after the injury takes place. You have 30 days to do this part of the procedure. It is also a good idea to photograph anything that will prove your injury or what caused it. Seek medical treatment as well after your loss as appropriate. Fill out an accident report and obtain witnesses, if possible, to say what they saw in relation to your injury or accident. Begin filing for workers’ compensation with the help of a workers’ compensation lawyer. Note: an employer cannot fire you or retaliate in any way against you during this process.
Information About Appeals
If you received a denial of your benefits, you could appeal. You can file a Request for Reconsideration and explain why you think they’re wrong. This must be done within 30 days of the initial decision. An experienced attorney will know how to navigate this process and to get you approved as you should be, in relation to your claim, your loss and your current work-related disability.
Schedule a Legal Consultation with a Workers’ Compensation Lawyer Today
Greg Baker, Attorneys at Law, PLLC, has years of experience helping those going through injury due to a workplace accident. They offer free legal consultations to those needing legal representation. To schedule a legal consultation, call the law office today in Clintwood, VA office at 276-926-7115; Wise, VA office at 276-321-8300, Whitesburg, KY office at 606-403-1222, or our Pikeville office at 606-766-2200. We serve all of Dickenson, Wise Counties along with other counties in Southwest Virginia, including Letcher County, Pike Counties and surrounding communities in South Eastern Kentucky.