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Workers' Compensation Attorney in Hampton Roads, Virginia

Workers’ Compensation: Benefits You Deserve

Most employees in Virginia are entitled to seek workers’ compensation benefits when they sustain an on-the-job injury or illness. However, occasionally employers may make it difficult for employees to claim these benefits. If you need assistance filing for workers’ compensation and/or appealing a denial of benefits in Hampton Roads, Forbes Law Firm is here to advocate on your behalf. We help employees file workers’ compensation claims or appeal workers’ compensation judgments so that they can continue providing for themselves and their families while they’re 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. If you are injured at work, it’s essential for you to 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 Virginia state law, you must file a claim for workers’ compensation benefits within two years of the date of your injury/accident. For occupational diseases, claims must be filed within two years of the date you learned of the disease or within five years of the date that you were exposed at work. It’s very important that you file on time and that you file the appropriate type of claim. In many cases, claims can be handled simply by notifying your employer of the injury and then following their (or their insurance company’s) instructions. But it’s still a good idea to seek the guidance of an experienced workers’ comp attorney — as the claims process is time-sensitive and can sometimes be very complex, and even valid claims can receive unfair treatment from employers and their carriers.

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Types of Benefits Covered Under Virginia Workers’ Comp

Depending on the severity and duration of your injury, you may be eligible for the following workers’ compensation benefits in Virginia:

  • Lifetime Medical Benefits

  • Temporary Partial Disability

  • Temporary Total Disability

  • Permanent Partial Disability

  • Permanent Total Disability

Additionally, 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 retirement, the cost of medical bills, as well as funeral expenses through a wrongful death action.

How Forbes Law Firm Can Help

Despite the protections that the law provides injured workers in Virginia, employees may still struggle to receive the treatment they deserve when filing for workers’ compensation benefits, resulting in:

  • Full Denial of a Claim — If your claim was denied, we can assist you with all of 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 have determined that you are not entitled to full benefits, but we can fight to obtain the maximum compensation that 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 without jeopardizing your health and well-being. If a physician clears you too soon to return to work, thus putting your benefits and health at risk, we 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. At Forbes Law Firm, we offer the experienced advice and advocacy required to obtain the full compensation these injured workers deserve.

Need Help with Your Workers’ Compensation Claim?

Forbes Law Firm has spent more than two decades helping Virginians injured on the job in Hampton Roads and throughout the Tidewater region. Please call or contact us online to schedule a free initial consultation at our Hampton office.