Virginia Worker’s Compensation Lawyer & Personal Injury Attorney
Serving Clients in Virginia Beach, Norfolk, Chesapeake, Richmond, Arlington, Newport News, Alexandria, Hampton, East Hampton, Roanoke, Portsmouth Heights, Portsmouth, Abington, and throughout Virginia.
Nearly 100,000 workplace injuries are reported in Virginia each year, many of which are debilitating and have long-term effects.[1] When Virginians are injured at work, they are entitled to statutory monetary and medical benefits under Virginia’s worker’s compensation system. This system is designed to provide financial assistance to injured employees without having to prove fault against their employer or co-workers in order to receive benefits.
If You’ve Been Injured at Work, We Can Help
Employers and insurance companies required to pay benefits will often have a strong incentive not to pay the full benefits to which workers are entitled, including monetary payments for injury and ongoing lost work time, as well as medical benefits needed for treatment.
We fight on behalf of injured workers. If you’ve been injured, we can help you in seeking the full treatments to which you are entitled. Call us to learn how we can help.
We offer a free consultation, and there is no fee for our services unless we are successful in obtaining compensation.
Worker’s Compensation Benefits in Virginia
Worker’s compensation (“WC”) is grounded in the principle that individuals have certain rights regarding their health and safety by merely being an employee of a business. Labor laws in the State of Virginia mandate that workers’ compensation programs provide financial assistance for:
- Medical treatment
- Future or continued medical care
- Lost wages
- Injury compensation in recognition of the pain and suffering involved in an injury
If you were injured in a job-site accident, you have a right to file for workers’ compensation; and, having a tenacious attorney by your side can significantly increase your chances of securing the monetary help you deserve.
At the Law Offices of Mark T. Hurt, firm founder Mark Hurt has been practicing law for more than 30 years, and has secured millions of dollars in compensation for clients. We are dedicated to protecting client rights; including explaining benefit requirements and payment and treatment options. If you retain our firm, we will guide you through every step of the process, and fight vigorously to get you the full compensation and medical treatment to which you are rightfully entitled.
Call our offices to schedule a free consultation. Not only is the first consultation complimentary, but you will not pay a fee unless we secure benefits or compensation on your behalf.
I Was Injured at Work. What Type of Benefits Can I Collect?
Under the Virginia Workers’ Compensation Act,[2] employers may be responsible for not only providing benefits for immediate medical needs, but for a variety of other expenses, including long-term care costs, lost wages, and death benefits.
Medical Benefits
If your claim is compensable, your employer (typically, through their insurance carrier) may be responsible for providing compensation for the following medical expenses:
- Primary doctor or specialist(s) appointments
- Mileage reimbursement for travel to and from doctor’s visits
- All authorized medically necessary care and treatment, such as:
- Physician visits
- Emergency room care and hospitalizations
- Physical therapy and rehabilitation costs
- Medical tests
- Prescription drugs
- Durable medical equipment and prostheses
Temporary Disability Benefits
Worker’s compensation provides two types of temporary disability benefits that are designed to make up for the loss of wages:
- Temporary Total Disability (TTD). If an individual is unable to work because of a work-related injury, TTD benefits provide compensation equaling 66 2/3% of regular wages (based upon earnings for the 52 weeks before the injury).
- Temporary Partial Disability (TPD). For workers who can return to work in a reduced capacity, TPD benefits may be available to supplement any loss of earnings due to their restricted work status.[3]
TTD and TPD benefits do not commence until the 8th day of disability; however, if incapacity continues for more than 21 days, then compensation for the first seven days is payable.[4]
Permanent Partial Disability Benefits (PPD)
If your injury has improved as much as possible, but you are still significantly impaired, a physician can evaluate for a possible impairment rating. If you receive a rating higher than 0%, you may be entitled to permanent loss disability benefits.[5] Depending on your condition, the following medical documentation must be provided to substantiate your claim:
- PPD Due to Loss of Use: a physician’s report containing a percentage of loss of use to a ratable body part[6] and a statement showing that maximum medical improvement has been reached
- PPD For Disfigurement or Scarring: color photographs of the well-healed scarred area(s) and a statement from a treating physician attesting that maximum medical improvement has been reached
- PPD Due to Amputation: an amputation chart, completed by a doctor, wherein the point of amputation is marked
Permanent Total Disability Benefits (“PTD”)
If your injuries are so severe that you are permanently unable to work, you may be entitled to permanent total disability benefits.[7] Under Virginia Law, compensation will be awarded for permanent and total incapacity when there is:
- Loss of both hands, arms, feet, legs, eyes, or any two in the same accident;
- Injury results in total paralysis;
- Injury to the brain, which is so severe as to render the employee unable to work permanently.
Death Benefits
In cases where injury results in death, a surviving spouse, children, or certain other dependents may be entitled to benefits to replace the decedent’s wages and for funeral expenses up to $10,000 and transportation costs up to $1,000.[8]
What Types of Injuries are Covered under the Virginia Worker’s Compensation Act?
To receive workers’ compensation, an accident must happen during employment or while a worker is doing something on behalf of an employer. Under the Act, the injury must: (1) occur at work or during a work-related function, (2) be caused by a work activity, or (3) happen suddenly at a specific time. If injuries are sustained as a result of an employee’s misconduct or outside of work, they will not be covered.
How Do I File for Virginia Workers’ Compensation if I Was Injured at Work?
If you were injured in a work-related accident, you should immediately report your injury to your employer, as you must give notice within 30 days.[9] Additionally, you must file a claim with the Virginia Workers’ Compensation Commission (“VWCC”) within two years after the accident. If you do not timely report your condition, you may lose your right to collect compensation.
Once an accident is reported, an employer must file a First Report of Injury. Shortly after that, the VWCC will send information regarding rights and responsibilities and, if a claim is accepted, an Award Agreement.
You can lose your right to some or all your workers’ compensation benefits if you do not properly file a claim. Because there is only a limited amount of time to file, it is crucial that you reach out to an experienced personal injury attorney as soon as possible. At the Law Offices of Mark T. Hurt, we can explain your rights, prepare a claim, and make a timely filing to ensure that your eligibility for benefits is not compromised. We can also represent you if full compensation and complete medical treatment are not being provided.
How Much Will I Have to Pay a Workers’ Compensation Lawyer?
We represent workers’ compensation clients on a contingency fee basis. This means that we receive a certain percentage of a workers’ compensation settlement or award, but we will not collect a fee if benefits cannot be secured. Essentially, we only get paid if you receive compensation, and attorney fees are usually only a small percentage of the overall amount of compensation you can receive in lifetime medical treatment, lost wage payments, and permanent disability benefits.
Why Should I Hire a Virginia Workers’ Compensation Attorney?
An experienced workers’ compensation lawyer can make an immense difference in the outcome of your case. Firm founder Mark Hurt has decades of legal practice, and he has secured millions of dollars in compensation for clients.
Get the Benefits and Treatment to which You are Entitled
We understand that if you’ve been injured and can’t work, you may also have a family that is counting on you. It’s important that you get someone on your side as soon as possible.
We invite you to call our firm today at 276-623-0808 to schedule a free, no-obligation consultation with experienced workers’ compensation attorney Mark Hurt.
[1] 2018 VWC Annual Report, Virginia Workers’ Compensation Commission, https://user-ugincja.cld.bz/2018-VWC-Annual-Report/12/.
[2] VA Code § 65.2.
[3] Injured Worker’s Benefits Guide, Virginia Workers’ Compensation Commission, http://www.vwc.state.va.us/documents/injured-workers-benefits-guide.
[4] Virginia Code § 65.2-509,
[5] Virginia Code §65.2-503
[6] Virginia Code §65.2-503
[7] Virginia Code §65.2-503C
[8] Virginia Code § 65.2-512.
[9] Virginia Code §65.2-600.
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