If you have been injured on the job in Virginia, you may have a valid workers’ compensation claim. However, you must file your claim with the workers’ compensation commission within two years of your work-related injury occurring to be entitled to benefits.
Here’s what the claims process looks like.
Immediately report the injury to your employer. Many claims will be barred if they are not reported to the employer within 30 days.
We recommend notifying your employer immediately, and with proper detail on the incident. Reporting it verbally is acceptable, but doing so in writing will ensure that there is documentation of the report.
File a claim with the Virginia Workers’ Compensation Commission
Along with your employer, you must also inform the Virginia Workers’ Compensation Commission of your work-related injury by filing a claim. You must submit this on the VWCC’s claim form. This claim must be filed within 2 years of the date of injury. When filing your claim, it is important to note the body parts that you think may be hurt as a result of the incident. For example, if you hurt your knee and your shoulder but do not put your shoulder on the form, workers’ compensation may not cover treatment for your shoulder in the event that it does need medical attention.
Your employer files a report on the accident
After you have notified your employer of your injury, if they are following proper protocol, they are required to also notify the state of your reported injury. They have an obligation to report this to the state. Please note that this does not count as you filing a claim of your own and will not count towards the 2 year deadline to file your claim.
The VWCC gives 20 days for the insurance company to accept or deny your claim
The VWCC will issue a “20-day order” to the insurance company informing them that they must act on your claim. If they accept your claim, they will provide you with agreement forms to sign and the VWCC will enter an “Award Order” which confirms your eligibility for benefits. If the claim is denied, then a hearing will be scheduled with the Commission where evidence will be presented.
If you have suffered a work-related injury, call the attorneys at ReidGoodwin today, we can help you to navigate claim forms, adjusters, and receive the treatment you require. Call 804-415-7800 for a free no obligation consultation.