Alexandria Workers’ Compensation Attorney

Fighting for Injured Workers in Virginia

If you are injured at work and cannot work, you may be eligible for workers' compensation. Workplace accidents can happen unexpectedly, leading to physical injuries, disability, and financial concerns. The resulting medical expenses can quickly accumulate, causing additional stress, particularly if the injury prevents you from working and supporting your family.

If you have suffered a work-related injury in Alexandria, VA, you have the potential to receive workers' compensation benefits that can help alleviate these financial burdens. By consulting one of our esteemed workers' compensation attorneys in Alexandria, VA from Portner & Shure immediately after your injury or illness, you significantly enhance your chances of receiving the maximum benefits you are entitled to under workers' compensation insurance. We offer comprehensive guidance throughout every stage of your claim, ensuring that you optimize your benefits.

Schedule a free consultation with our Alexandria worker's comp lawyers today by completing our online contact form or by calling (410) 995-1515.

What Is Workers’ Compensation?

Workers' compensation is a form of insurance that provides benefits for injured workers. The benefits may include temporary disability benefits, permanent disability benefits, medical benefits, and/or death benefits.

How Do I Know if I Am Eligible for Workers' Compensation?

To be eligible for workers' compensation in Virginia, you must have suffered an injury in the course and scope of your employment.

To determine if you qualify for workers' compensation, the following must apply:

• Employment status: You must be an employee to be eligible for workers' compensation. Independent contractors and volunteers are generally not covered.

• Employer coverage: Your employer must provide workers' compensation insurance or be legally required to do so. Most employers in Virginia with three or more employees are required to carry workers' compensation insurance. Some industries, such as construction, have different thresholds.

• Work-related injury or illness: To be eligible, your injury or illness must have occurred as a direct result of your employment activities. This includes both sudden accidents and occupational illnesses that develop over time.

• Notification requirements: You must report the injury or illness to your employer within 30 days of its occurrence or when you first become aware of it. Failure to notify your employer within this timeframe could result in a loss of benefits.

• Time limitations: In Virginia, there is a statute of limitations for filing a workers' compensation claim. You generally have two years from the date of the accident or the date of the last compensation payment to file your claim. However, there are exceptions to this rule, so it's best to consult an attorney to understand your specific situation.

How Do I Get Workers' Compensation Benefits?

To initiate the process of obtaining workers' compensation benefits in Virginia, you should follow these steps:

• Report the injury or illness: Notify your employer about the injury or illness as soon as possible. In Virginia, you must report the incident within 30 days to qualify for workers' compensation benefits. Provide your employer with details about the nature of the injury, when and where it occurred, and any witnesses present.

• Seek medical attention: It is essential to promptly seek medical treatment for your work-related injury or illness. Inform the healthcare provider that your condition is work-related and provide them with accurate details about the incident.

• Employer's responsibility: Once you report the injury or illness, your employer is responsible for reporting the incident to their workers' compensation insurance carrier. They should file the First Report of Injury form with the Virginia Workers' Compensation Commission and inform their insurance company of your claim.

• Follow up with your employer and insurer: Stay in contact with your employer and their insurance company to ensure that your claim is being processed. Make sure to provide any additional information or documentation requested by the insurer promptly.

• File a claim with the Virginia Workers' Compensation Commission (VWC): If your employer and their insurance company fail to initiate the claim process, or if they deny your claim, you can file a claim with the VWC. You can submit the claim online or complete the appropriate forms and mail them to the commission. It is recommended to consult an attorney or seek assistance from the VWC to ensure your claim is properly filed.

• Investigation and decision: The workers' compensation insurer or the VWC will investigate your claim to determine its validity. This may involve reviewing medical records, interviewing witnesses, and assessing the circumstances of your injury or illness. The insurer or the VWC will make a decision regarding your eligibility for benefits.

• Appeals process: If your claim is denied or you disagree with the decision, you have the right to appeal. You can request a hearing before a deputy commissioner of the VWC to present your case. Legal representation is often beneficial during the appeals process to help protect your rights and navigate the complex legal procedures.

How Portner & Shure Can Assist You

Initially, the process of workers' compensation may appear straightforward. However, attempting to handle the paperwork yourself could result in inadequate or outright denied compensation.

At Portner & Shure, we are well aware of insurance companies' tactics to avoid compensating accident victims fairly.

Our Alexandria workers' comp attorneys are ready to fight on your behalf for the justice and compensation you rightfully deserve. Reach out to us today for assistance.