Workers in Richmond have certain rights under the Virginia Workers’ Compensation Act. If you were hurt at work due to an accident and have to remain out of your job, you should exercise these rights and recover workers’ compensation benefits. However, what you do in the aftermath of an accident is also critical, and in this post, you will learn more about the most critical steps.
- Inform your employer: You have the responsibility to inform your employer about the accident and how it has caused injuries. You can do so in writing and submit the incident report to your supervisor or HR. While the law makes it mandatory to report the same within 30 days, you should not delay this.
- Get the required medical care: A qualified physician should see and treat you for your work injuries. You have the right to see a doctor and keep up with the follow-up care as they recommend. Not seeing a doctor would mean having no documentation of your injuries, making it tough to recover the benefits under workers’ compensation.
- Complete forms for workers’ compensation benefits: You should be able to get the necessary claims forms from your employer. If you don’t understand how the system works or where to start, you may want to connect with an attorney specializing in workers’ compensation claims. There is a time cap of two years for such cases, and if you miss that deadline, you are unlikely to recover anything.
- Understand the no-fault system: Many injured workers are hesitant about filing workers’ compensation claims, primarily because they don’t want to go against their employers. Thankfully, such claims are different from personal injury lawsuits, where the claimant must have proof to establish liability. The workers’ compensation system is not based on fault or whether the employer was responsible in any manner.
- You may have a third-party claim: In many situations, a third party could be responsible for your injuries to an extent, for which you can file a personal injury lawsuit. Note that you cannot sue your employer for the accident, but if you have a valid third-party claim, you may be able to recover additional compensation.
Sadly, not all injured workers get the benefits under the workers’ compensation system. If your claim has been denied or delayed, don’t assume everything is over. Instead, meet with an attorney who will stand for you and fight for your rights and benefits.
