WORKERS' COMPENSATION

Workers' Compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. There are many ways employees can be injured at work, including vehicle accidents, lifting, cutting or crushing trauma, and slips and falls. Occupational illnesses are usually the result of long-term exposure or repetitive motion injuries (carpal tunnel), toxic chemicals, heart attacks and exposure to toxic materials. Workers' Compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on the job. Under the Virginia Workers' Compensation Act, an employee who has been injured on the job does not have to prove that any one was specifically at fault in the accident or prove negligence against his employer.

If you have been injured on the job, you should do the following:

• Get medical attention if there is an emergency.
  
• Report your injury as soon as possible by giving written notice to your supervisor or someone in a supervisory position. Failure to promptly give notice to your employer may affect your right to benefits. Your employer is not responsible for paying the medical treatment or wages until you give notice of the accident or disease.
  
• If you work for a subcontractor, you should promptly give written notice of your accident or occupational disease to your direct employer and the general contractor.
  
• Report all accidents even if the injury seems minor. A small injury can develop into a serious problem.

In ordered to be covered under the terms of the Virginia Workers' Compensation Act, an accident must have occurred as follows:

• The accident must occur at work, or during a work related function.
  
• The accident must be caused by a specific work activity.
  
• The accident must happen suddenly at a specific time.

Injuries incurred gradually or from repetitive stress or traumas are not covered. For example, if an employee lifts an object, and feels a sudden pain causing him an injury, and he can identify that specific incident, the claim will be covered. However, if an employee lifts objects for weeks at a time, and gradually develops back pain, that is not a specific injury at a specific time, and the injury would not be covered. An occupational disease will be covered if it is caused by the work, and is not a disease of the back, neck, or spinal column.

The types of benefits available to claimants include payment for all medical treatment (prescriptions, supplies, equipment, hospital costs, doctors' bills) and a portion of your weekly wages. Benefits for lost wages will vary depending on whether your injury is considered a temporary total disability or a permanent disability. Compensation is based on your average weekly wage (gross earnings before the accident or disease, usually during the preceding 52 weeks) and includes overtime and other benefits provided by the employer such as meals, uniform, car and housing allowances.

The attorneys of Marks & Harrison strongly advise injured employees to consult an attorney who understands the Workers' Compensation laws of Virginia. When a worker is injured, your claim is filed with the Workers' Compensation insurance company (or self-insuring employer) who pays medical and disability benefits according to a state-approved formula. An attorney qualified to interpret Workers' Compensation laws will be able to provide legal guidance and assistance to ensure full recovery of all funds to which the injured worker is entitled. Your employer and its insurance company will always have an experienced attorney representing their interests. You will also be dealing with insurance adjusters who work for the insurance company and whose job it is to pay as little as possible.

An attorney representing your interests will help you deal with these issues as well as many others, including returning to work and how your claim is impacted by pension benefits and unemployment compensation.

With Marks & Harrison, there is never a charge for an initial consultation and you will pay no legal fees unless you hire us. Our team of lawyers and support staff strives to satisfactorily meet client objectives and goals by focusing on your case. Should you chose to have us represent you, we will do the following:

• Meet with you to learn all the facts relating to your case.
  
• Explain to you all of your important legal rights.
  
• Review your medical records in order to obtain a full understanding or your injuries and medical condition.
  
• Meet with your physicians and health care providers.
  
• Answer all of your questions regarding Workers' Compensation.
  
• Keep you advised and informed about the progress of your case.

Contact us today by calling toll free at 1-800-283-2202. Our phones are answered 24 hours a day, 7 days a week. You can also submit an online Workers' Compensation Case Evaluation.

For frequently asked question about Workers' Compensation, please click here: Workers' Compensation Frequently Asked Questions.