Ghent’s mix of restaurants, retail shops, and medical offices near Sentara Norfolk General Hospital means a lot of Norfolk’s on-the-job injuries happen in this part of the city — delivery drivers navigating narrow streets, kitchen staff dealing with slick floors and heavy lifting, and healthcare workers handling patients. Inman & Strickler, P.L.C. represents injured workers, not insurance companies, in workers’ compensation claims across Hampton Roads.
The most common workers’ compensation claims involve fall injuries and lifting injuries, particularly among delivery drivers and construction workers — patterns our attorney’s Matt J. Weinberg or Steve Strickler have seen play out again and again. Ghent’s dense mix of restaurants and retail businesses adds its own version of this risk, with slick kitchen floors, deliveries carried up narrow stairwells, and repetitive lifting all common sources of injury in the neighborhood.
Virginia law sets firm deadlines that can end a claim before it starts. Under Virginia Code § 65.2-600, you must give your employer notice of a workplace accident immediately, or as soon as practical afterward. Separately, under Virginia Code § 65.2-601, a formal claim must be filed with the Virginia Workers’ Compensation Commission within two years of the accident, or the right to compensation is generally barred entirely. In the first 24 to 48 hours after an injury, you should report the accident to a supervisor and describe exactly what happened and how, then seek medical attention right away and give the treating provider the same careful description — inconsistent accounts between what you told your supervisor and what you told the doctor are one of the most common ways insurance carriers try to dispute an otherwise valid claim.
Workers’ compensation in Virginia covers medical treatment, a portion of lost wages, and payment for permanent disability. It’s worth setting expectations clearly here: unlike a personal injury claim, workers’ compensation does not pay for pain and suffering or general inconvenience — a distinction that catches many injured workers off guard when they first come in for a consultation. If a claim is accepted without a contested hearing, we work to have it memorialized in a formal Award Order, which can secure lifetime medical benefits and continuing wage compensation, rather than relying on an informal understanding with the insurance carrier.
When an employer or its insurance carrier disputes that an injury happened at work, or denies that it happened at all, the case typically proceeds to a formal hearing before a Deputy Commissioner. For accidents in Norfolk, that hearing is held in Virginia Beach. Hearings before the Commission are less formal than a courtroom trial, but the rules of evidence still apply, and either side can appeal an unfavorable decision to the three-judge Full Commission in Richmond, and from there to the Virginia Court of Appeals. These appeals can take months or, in rare cases, years, which is exactly why the initial hearing needs to be handled correctly the first time.
Clients need to understand that they don’t have to accept a settlement, and the insurance carrier doesn’t have to offer one. Every settlement must also be approved by the Virginia Workers’ Compensation Commission before it’s final. Depending on the severity of the injury, a case can resolve in months or stretch on for years.
That range is normal, not a sign something’s gone wrong — a straightforward claim can wrap up quickly, while one involving a permanent or disputed injury may take years of steady advocacy before it settles fairly. Our approach doesn’t change either way: we push for the right result, not just the fastest one.
Insurance carriers frequently request an independent medical exam (IME) to evaluate an injured worker’s condition. These exams are arranged and paid for by the insurance company, and the results are sometimes used to argue that a worker has recovered more than they actually have. You’re generally required to attend a properly scheduled IME, but you don’t have to attend unprepared or without understanding how the results might be used against your claim.
If you’re already receiving workers’ compensation benefits and your employer or its carrier tries to terminate them, you have the right to contest that decision before the Commission. Benefits generally cannot simply be stopped without proper notice and, in many circumstances, Commission approval. Acting quickly when benefits are threatened or cut off makes a real difference in how the dispute plays out.
Because a workers’ compensation practice places such heavy emphasis on medical records and treatment, our attorneys are also positioned to spot a potential medical malpractice issue when treatment for a work injury goes wrong — for example, a surgical complication or a misread scan. We evaluate this alongside a workers’ compensation claim when it’s relevant, at no separate cost for the initial review.
Not every workers’ compensation claim comes from a single accident. Occupational diseases — conditions that develop gradually from workplace conditions, like repetitive stress injuries or certain respiratory illnesses — follow their own filing rules. In most cases, a claim must be filed within two years of when the disease was communicated to the employee as work-related, or within five years of the employee’s last injurious exposure, whichever comes first. Because there’s no single accident date to point to, these claims often require more medical documentation to establish the work connection, and they’re more frequently disputed by insurance carriers as a result.
Sometimes a workplace injury is caused by someone other than your employer — a negligent driver if you were injured in a work vehicle, a subcontractor on a job site, or a defective piece of equipment. In these situations, you may be able to pursue a separate personal injury claim against that third party in addition to your workers’ compensation benefits, potentially recovering for pain and suffering in a way workers’ compensation alone doesn’t allow. We evaluate every claim for this possibility, since it’s easy to leave real compensation on the table if only the workers’ compensation side of the case gets pursued.
In most cases, your employer or its insurance carrier has the right to select a panel of physicians for you to choose from after a workplace injury, at least initially. This can feel unfair if you already have a trusted doctor, but there are ways to request a change of physician later in the process, particularly if the assigned provider isn’t adequately treating your injury. We help clients understand their options here rather than assuming they’re stuck with whichever provider the insurance company initially assigned.
Call us at 757-486-7055 or contact us for a free consultation with a Ghent, Norfolk workers’ compensation attorney.
How long do I have to report a workplace injury in Virginia?
Virginia Code § 65.2-600 requires you to notify your employer immediately or as soon as practical after the accident. Waiting too long to report can be used against you later, even if your claim is otherwise valid.
How long do I have to file a formal workers’ compensation claim?
Under Virginia Code § 65.2-601, you generally must file a claim with the Virginia Workers’ Compensation Commission within two years of the accident, or the right to compensation is barred.
Does workers’ compensation pay for pain and suffering?
No. Virginia workers’ compensation covers medical treatment, a portion of lost wages, and permanent disability payments, but it does not include compensation for pain, suffering, or general inconvenience.
What happens if my employer says my injury didn’t happen at work?
A disputed claim typically proceeds to a formal hearing before a Deputy Commissioner. For Norfolk-based accidents, that hearing takes place in Virginia Beach, and either side can appeal the outcome to the Full Commission in Richmond.
Am I required to attend an independent medical exam requested by the insurance company?
Generally, yes, if it’s properly scheduled — but you should understand how the results may be used before you go, and it’s worth speaking with an attorney beforehand if you have concerns about the process.