Workers' Compensation Attorney
in Hampton, Virginia
Helping Virginians Hurt or Sickened on the Job
Most employees in Virginia are entitled to seek workers’ compensation benefits when they sustain an on-the-job injury or illness. But some employers may make it difficult for employees to claim the benefits they deserve. If you need assistance filing for workers’ comp or appealing a denial of benefits in Hampton, Newport News, or elsewhere on The Peninsula, I'm prepared to advocate on your behalf. At Broadwell Law, I help Virginia workers file workers’ compensation claims or appeal workers’ compensation judgments so they can provide for themselves and their families while they are unable to work.
Filing for Virginia Workers’ Compensation Benefits
In Virginia, most employers are required by the Virginia Workers’ Compensation Act to carry insurance to cover employees injured on the job. State law also covers certain conditions caused by repetitive trauma, but generally, it does not cover injuries that are incurred gradually. If you are injured at work, it’s essential you seek medical attention immediately so that your injury is documented. It’s also important to report the injury to your employer as soon as possible and no later than 30 days after a physician has diagnosed you with a work-related injury.
Under state law, you must file a claim for workers’ compensation benefits within two years of the date of the injury or accident. For occupational diseases, the claim must be filed within two years of the date you were told about the disease or within five years of the date you were exposed at work. It’s important that you file on time and that you file the appropriate type of claim. In many cases, claims can be handled by notifying the employer of the accident and following instructions from your employer or its insurance company. However, it’s a good idea to seek the help of an experienced workers’ comp attorney because the claims process is time-sensitive and can be complex, and even valid claims can receive unfair treatment from employers and their carriers.
Types of Benefits Covered Under Virginia Workers’ Compensation Laws
Depending on the severity and duration of your work injury, you may be eligible for the following benefits in Virginia:
Lifetime medical benefits
Temporary total/temporary partial disability
Permanent partial disability
Permanent total disability
If a family member or spouse was killed by a work-related injury or illness, survivors may be entitled to recover the decedent’s anticipated earnings until the time of retirement, medical bills, and funeral expenses through a wrongful death action.
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Problems That Can Happen During a Claim
Despite the protections that the law provides injured workers in the commonwealth, Virginia employees may struggle to receive the fair treatment they deserve when filing for workers’ comp benefits, resulting in:
Full denial of a claim — If your claim is denied, I can assist you with all the procedural requirements, including appearing with you at the Request for Hearing before a workers’ compensation judge, to appeal the denial.
Reduction of benefits — The insurance company, your employer or other parties may determine that you are not entitled to fair benefits, but I will press for the full compensation you’re entitled to.
Being required to return to work early — You should not be required to return to work until you are physically able to do so. If a physician clears you too soon to return to work, putting your benefits and health in jeopardy, I can advise you of your options.
Employees should first attempt to discuss these situations with their employers to seek a fair resolution. It may just be a simple misunderstanding that can easily be resolved through a frank discussion. But when employees cannot easily resolve the situation, they should contact an attorney who is familiar with Virginia workers’ compensation laws and agencies. I can offer the experienced advice and advocacy injured workers deserve.
Contact Me for Help With Your Workers’ Compensation Claim
At Broadwell Law, I have years of experience helping Virginians injured on the job and the families of people whose work injuries proved fatal. I serve clients in Newport News, Norfolk, York County, Williamsburg, Chesapeake, Gloucester County and throughout The Peninsula and Tidewater region. Contact my office in Hampton, Virginia, to schedule a free initial consultation.