It was just another regular work day in Virginia until the unexpected happened—you were injured. You may wonder: Is workers’ compensation my only option?

In most cases, the simple answer is “yes.” But not always! Our Virginia Beach personal injury attorneys understand the nuances of Virginia law regarding workers’ compensation. We will be happy to examine the facts of your case to determine other avenues we may pursue to help you get the compensation you deserve.

Understanding Workers’ Compensation in Virginia

Workers’ compensation is a type of insurance designed to protect employees when injured while performing their regular duties on the job. The Virginia Workers’ Compensation Act requires all employers in the state to carry workers’ compensation insurance. This coverage usually helps pay for medical expenses, rehabilitation, and lost wages resulting from work-related accidents and injuries.

If you are injured on the job, you should see a doctor and report your injury to your employer immediately. Even if you don’t think you need medical attention, you should still report your injury, just in case symptoms develop later on (as they often do after an accident).

If you can’t report the injury right away, you must do so no later than 30 days from the date the accident occurs or within 30 days of the date your doctor says you’ve suffered from a work-related injury.

Next, you should file a claim with the Virginia Workers’ Compensation Commission. You can find a claim form on the Commission’s website.

When Should You Contact a Personal Injury Attorney?

Filing a claim may be straightforward, but if any of the following are true, you will benefit from hiring a workers’ compensation attorney:

  • Your case is complex: If your injury is severe and involves extra medical procedures and rehabilitation—or if you are facing a long-term disability—an attorney can help you get the highest level of compensation possible.
  • There are other parties involved: If a third party was involved in the accident—such as a contractor or equipment manufacturer—you may be able to file a personal injury claim in addition to your workers’ compensation claim.
  • Your claim is denied: If your initial claim is denied, we can help you with the appeals process. We know how to gather the evidence needed to strengthen your case and present a strong argument on your behalf.
  • You have pre-existing conditions: A pre-existing medical condition can complicate your case, as the insurance provider may try to deny your claim.
  • Your employer is not cooperating: If there is a dispute over the circumstances of your injury, or your employer is not cooperating or providing the documentation needed for your claim, an attorney can help manage this for you.

When Can I File a Third-Party Negligence Claim?

While workers’ compensation pays for doctors’ visits, hospital stays, surgery, prescription drugs, and physical therapy, every policy has limits. In some cases, it may not fully cover all of your expenses. It does not cover compensation for pain and suffering, either, so if you have chronic pain or emotional distress, costs related to those will not be reimbursed. Workers’ comp also pays only a percentage of your lost wages, which can leave you struggling financially.

In some cases, you may be able to file a third-party negligence claim in addition to your workers’ compensation claim to help get closer to the compensation you need. You would take this step if someone other than the employer or co-worker played a part in the accident.

Let’s say you were operating a forklift that malfunctioned and caused the accident. You may be able to seek compensation from the manufacturer of that forklift or from the party responsible for maintaining the forklift (if different from your employer). Or maybe a third-party contractor was operating the forklift and made a mistake that led to your injury. In that case, you may have a claim against that contractor.

You will have to prove that the third party was negligent in a way that contributed to your injury. Gather as much evidence as you can, including photos of the accident scene, witness statements, your medical records, video footage, and anything else that may help prove negligence. Your attorney can also help you do this.

A third-party claim can provide additional benefits beyond what workers’ compensation offers. It can be complicated, however, so it’s best to turn to your attorney for assistance.

How Can a Personal Injury Attorney Help?

If you’d like help with your workers’ compensation claim, or if you believe you may have a third-party claim, contact us today for a free initial consultation. We would be happy to evaluate your case and determine the best way to maximize your compensation, as we did for this truck driver who was injured when a forklift operator collided with him, causing serious injuries. We negotiated a $750,000 settlement on his behalf.

With over 100 years of combined legal experience, we have offices in Virginia Beach, Portsmouth, Hampton, and Norfolk.

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