The Law
The Virginia Workers’ Compensation Act is intended to compensate covered employees for injuries or diseases caused by their employment. 

Although originally intended as a simple remedy to replace the delay and expense of lawsuits over workplace injuries, the system has grown more complicated.

The injured employee faces a bewildering array of laws and procedures which may seem to make no sense.  Employers and insurance companies will generally have legal representation.  The injured worker is often unfamiliar with the system and procedures, and should get legal advice.

Workers' Compensation Benefits 
The benefits available to the injured employee include compensation payments for a percentage of lost income, medical benefits, and vocational rehabilitation benefits. 

In general, an employee must report an injury to the employer immediately, and at least within thirty days from the date of the accident.  If medical attention is required, the employer should offer a selection of at least three doctors from which the employee can choose a treating physician. 

Once a physician is selected, he or she provides all treatment, or refers the worker to any needed specialists.  If no panel of doctors is offered, the employee may select his or her own treating physician. 

Disputed Claims
The Workers’ Compensation Commission decides disputes between the employee and the insurance company, holding hearings to determine what benefits should be awarded when the employee and insurance company cannot agree. 

Employees need legal advice before going to a hearing, before entering into a settlement of the claim, and at any time that he or she does not fully understand what rights are available. 

The Workers’ Compensation Commission and the insurance company are not responsible for protecting the employee’s interests; that responsibility is solely that of the employee and his or her lawyer.  More information can be obtained from the website maintained by the Virginia Workers’ Compensation Commission at www.vwc.state.va.us.

 


800-750-6755 • 540-344-3233

Our Experience
Ferris, Eakin & Thomas has many years of experience in handling workers’ compensation claims in Virginia. 

That experience includes negotiations, initial hearings, appeal hearings, and appeal procedures before the Virginia Court of Appeals and the Supreme Court of Virginia.

Claim Deadline
The employee must file a claim for benefits with the Virginia Workers’ Compensation Commission, or have an award for compensation entered, within two years from the date of the accident. 

Failure to do so may result in loss of all workers’ compensation benefits.

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None of the information contained in this website is intended to be legal advice. You should seek legal counsel for professional assistance and advice on your particular legal needs. Use of this website does not create an attorney-client relationship. The attorneys at Ferris, Eakin & Thomas, P.C. are licensed to practice law in state and federal courts in the Commonwealth of Virginia. Do not transmit confidential information about your case to us via links on this website. Electronic communication about your case initiated via this website is not protected by the attorney-client privilege.


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