Workers’ Compensation

Injured on the job? After an injury on the job there are several important factors to consider and actions that need to be taken. What you should know and do:

• Report your injury promptly to your employer or your direct supervisor. The law in Virginia requires that you make that notification to your employer of an accident within 30 days from your injury date.
• Seek immediate medical attention. If your employer does not offer that attention you should seek medical treatment, either at the emergency department, if it is a very significant accident, or from your family physician as soon as you can. Your employer should provide you with a list of at least three doctors from whom to choose to begin treating your work injury.
• Be sure your employer reports your accident to their workers’ compensation insurance carrier. The workers’ compensation insurance carrier’s representative would likely contact you, sometimes within several day and usually within a week after the accident. If that does not occur it is possible that your employer has not reported this accident to their insurance company, or possibly have not reported your claim to the Virginia Workers’ Compensation Commission.
• If, indeed, there has been no reporting or otherwise you receive no contact from your employer’s workers’ compensation insurance company, then you might likely need to file a claim with the Virginia Workers’ Compensation Commission. There is a claim form available on their website, www.workcomp.virginia.gov.

The workers’ compensation claims in Virginia are handled through the Virginia Workers’ Compensation Commission in Richmond. There is also a regional office in Virginia Beach which handles claims from east of Williamsburg, the Eastern Shore, east of Emporia and the Norfolk, Portsmouth, Chesapeake, Virginia Beach, Newport News and Hampton city areas. There are three judges locally that hear contested claims from those localities.

Where a hearing takes place depends on where the accident occurred. Accidents in Virginia Beach, Chesapeake and Norfolk are heard in Virginia Beach. Accidents on the Peninsula are heard in Hampton. Accidents that occur Southside — generally Suffolk, Isle of Wight County and up through Emporia — are heard in Franklin. Claims arising in Williamsburg are typically heard in Williamsburg. Hearings before a Deputy Commissioner are less formal than a standard courtroom proceeding, though certain rules of evidence still apply.

Either side may appeal a Deputy Commissioner's decision to the Full Commission, a three-judge panel that sits in Richmond and hears appeals. A further appeal is possible from the Full Commission to the Virginia Court of Appeals and, in limited circumstances, to the Virginia Supreme Court. These appeals can take months, and sometimes years, so having an experienced attorney guide you through the hearing process matters.

• Legal Requirements for Workers’ Compensation Claims : Even if the workers’ compensation insurance carrier begins paying you benefits, you still have an obligation to file a claim within two years of the date of your accident. If you had an accident and have not filed a claim, or if your claim has been denied, it is important that you take the steps of filing a claim with the Virginia Workers’ Compensation Commission. You can file a claim by delivering the claim form directly to the regional office or directly to the Virginia Workers’ Compensation Commission in Richmond by mail, fax or through their website.  
• What To Do If Your Claim Is Denied: If your claim is denied, you feel you are receiving benefits slowly and/or having difficulty getting approval for medical treatment, then it is likely that you may need the assistance of our experienced workers’ compensation team. With over 75 years of experience handling workers’ compensation claims for injured workers we have the experience, know how and ability to handle your claim. We provide a free consultation with one of our attorneys with no obligation on your part to retain our services. If you were to retain our services, our fees are determined by the Virginia Workers’ Compensation Commission, either in Richmond or by a local judge, if your claim requires referral to the hearing docket in your locality.

  Most of the mistakes we see happen before a client ever calls us — usually an accident that wasn't described fully and clearly, both to the insurance carrier and to the first medical provider who treated the injury. How you describe what happened, from the very first report, can shape the entire claim.

  In Hampton Roads, the firm most commonly handles fall injuries and lifting injuries, particularly among delivery drivers and construction workers.

What Benefits Should Be Provided by the Workers’ Compensation Insurance Carrier?

If your doctor takes you completely out of work you should be entitled to receive what are known as temporary total disability benefits. Generally, that is 66 2/3 of your gross weekly wage to be paid to you, tax free, weekly, or sometimes bi-weekly, by the insurance carrier.

You are also entitled to medical benefits which would include all treatment that is directly related to your work injury. The medical benefits not only provide for treatment by medical professionals but cover costs for transportation, prescription medications and other medical benefits.

An injured worker is never required to accept a settlement, and an insurance carrier is never required to offer one. Every settlement must be approved by the Virginia Workers' Compensation Commission. Depending on the severity and length of a disability, a claim can remain open for a year, five years, or considerably longer before it settles — patience and consistent follow-up are often what separates a fair outcome from a rushed one.

Please contact our firm immediately to meet with a skilled and experienced lawyer today. Our attorneys are always willing to help with your legal issue, no matter how big or how small.

Call Steve Strickler or Matt J. Weinberg  at (757) 486-7055 t: 757-486-7055 or email us at info@inmanstrickler.com

What should I do in the first 24–48 hours after a workplace injury?
Report the injury to a supervisor or someone in a supervisory role with your employer right away. Describe the injury carefully and fully — and be just as thorough when you seek medical attention, so the medical record matches what you reported to your employer.

What's the biggest misconception injured workers have about their case?
Most new clients think their case is worth more than it likely is. Workers' compensation in Virginia only covers lost wages, medical benefits and payments for permanent disability — there's no recovery for pain, suffering or inconvenience the way there might be in a personal injury case.

What's the most common mistake people make before they hire an attorney?
Not adequately describing the accident — to the insurance carrier and to the first medical providers who treat the injury. A vague or incomplete description early on can create problems that follow the claim for years.

What kinds of workplace injuries or industries do you see most often?
Fall injuries and lifting injuries are the most common, particularly among delivery drivers and construction workers here in Hampton Roads.

What does a case that goes well from start to finish typically look like?
There's really no "typical" case — it depends heavily on whether the claim is contested. If it is, it usually ends up at a hearing, which we win the vast majority of the time, after which the client can expect medical benefits and compensation. If the carrier accepts the claim without a contested hearing, we make sure an Award Order is entered providing for lifetime medical benefits and continuing compensation. Depending on the severity of the disability, cases can run a year, five years, or longer before they settle. Clients don't have to accept a settlement, and the insurance carrier doesn't have to offer one — every settlement has to be approved by the Virginia Workers' Compensation Commission.

Why do most new clients come to your firm through referrals?
It comes down to staying in touch. Meeting face to face when it matters, and making sure my paralegal and I are consistently updating the client on every development in their case, is what builds the kind of trust that turns into a referral to a friend or family member.

What's the difference between a claim being accepted, denied, and disputed?
An accepted claim means the insurance carrier agrees the injury is compensable and begins paying medical and wage benefits. A denied claim means the carrier has refused to pay, usually requiring a hearing before a Deputy Commissioner to resolve. A disputed claim sits in between — the carrier may be contesting part of the claim, such as the extent of disability or a particular medical treatment, while other parts remain accepted.

What are the key deadlines I need to know after a workplace injury in Virginia?
You must notify your employer of the accident within 30 days of the injury. Separately, you must file a claim with the Virginia Workers' Compensation Commission within two years of the accident date — even if the insurance carrier has already started paying benefits voluntarily. Missing either deadline can jeopardize your right to benefits.

How does the Virginia Workers' Compensation Commission actually work?
Claims typically begin with a hearing before a Deputy Commissioner; where the hearing is held depends on where the accident occurred (for example, Virginia Beach, Hampton, Franklin or Williamsburg for our region). Hearings are less formal than a courtroom trial, though rules of evidence still apply. Either side can appeal a Deputy Commissioner's decision to the Full Commission, a three-judge panel in Richmond, and from there to the Virginia Court of Appeals and, in limited cases, the Virginia Supreme Court.

What benefits am I actually entitled to beyond my medical bills?
If your doctor takes you completely out of work, you're generally entitled to temporary total disability benefits — about 66 2/3% of your average gross weekly wage, paid tax-free on a weekly or biweekly basis. You may also be entitled to permanent partial disability benefits, and in the most severe cases, permanent total disability benefits paid for life.

How do you determine whether a settlement offer is fair?
It depends on the medical picture, the extent of any permanent disability, how much of the claim remains contested, and how much future medical treatment and wage loss are likely. A fair settlement accounts for what's already been paid and what the claim is realistically worth going forward — which is why every settlement in Virginia must be reviewed and approved by the Workers' Compensation Commission before it's final.

What happens if my employer says my injury didn't happen at work, or disputes that it's work related?
This becomes a contested claim, which usually means it heads to a hearing before a Deputy Commissioner. Medical records, witness statements and how consistently the injury was reported from day one all become important evidence. This is exactly the kind of dispute where having an experienced attorney early makes a significant difference.

What role does an independent medical exam (IME) play, and should I be wary of them?
An IME is a medical exam arranged by the insurance carrier, often to challenge your treating physician's opinion on your work restrictions, disability rating or need for further treatment. It's not truly "independent" in the sense of being neutral — the carrier chooses the doctor. Injured workers should attend as required, but it's wise to have an attorney review the IME report and, if needed, push back with your own treating physician's records.

What if my employer or their insurance company tries to cut off my benefits?
You have the right to request a hearing before the Virginia Workers' Compensation Commission to contest the termination of benefits. The carrier generally has to have a valid basis — such as a medical release back to work — and if that basis is disputed, an experienced attorney can help you challenge it quickly, since benefits can be difficult to reinstate the longer they've been stopped.

What's one thing about Virginia workers' compensation law that tends to surprise people?
Many people are surprised that Virginia workers' compensation doesn't provide any payment for pain and suffering — only for lost wages, medical treatment and permanent disability. It's also common for people not to realize they still must formally file a claim with the Commission within two years, even while the insurance carrier is voluntarily paying benefits.

Are there red flags that a claim is going to be denied or disputed?
Inconsistent descriptions of how the accident happened, a delay in reporting the injury to a supervisor, gaps in medical treatment, or a pre-existing condition in the same body part are all common flags that can lead a carrier to dispute or deny a claim. Thorough, consistent reporting from day one is the best way to avoid them.

What do you wish every client understood about the settlement process before agreeing to anything?
That you're never obligated to accept a settlement, and the insurance carrier is never obligated to offer one — and that every settlement has to be approved by the Virginia Workers' Compensation Commission. Patience matters; a rushed settlement rarely reflects the full value of a claim.

If I've been putting off calling a lawyer after a workplace injury, what should I do?
Don't wait. Deadlines in Virginia workers' compensation cases are strict, and the way your injury is documented in the early days of a claim can shape the outcome for years. A free consultation costs nothing and can tell you quickly where you stand.

Are there specific industries or types of injuries you see more often in the Virginia Beach and Hampton Roads area?
Given the local economy, we regularly see injuries among delivery drivers, construction workers, warehouse and logistics workers, and other physically demanding trades common to this region — most often from falls and lifting injuries.