Wednesday, May 22, 2024
Law

Debunking the misconceptions about workers’ compensation in Virginia

Life is never the same after a serious accident. If you were injured in a workplace accident in Virginia, you can claim benefits under the workers’ compensation system. For the unversed, workers’ compensation insurance is a no-fault insurance system. Even if you were partly or fully responsible for the accident, you can claim compensation for medical bills and part of your lost wages, as long as you were injured on the job. If you want to know more, talking to one of the reputed workers compensation lawyers Virginia can help. In this post, we are debunking the common misconceptions related to the system. 

You have to report the accident or your injury on the same day

While this is advisable, you can still claim workers’ compensation benefits, as long as you inform your employer or supervisor within 30 days from the date of injury. Virginia laws are rather flexible that way, but we would strongly recommend that you take the right step at the earliest. You are responsible for notifying your employer, and it is best to do so without delay. 

You cannot get workers’ compensation benefits if the accident was your fault

As we mentioned at the start, workers’ compensation is a no-fault system. It doesn’t matter how the accident happened or who was responsible for it; you can still get the benefits that you are entitled to. In some cases, it may be possible to bring a claim against a third party, depending on the circumstances. 

You can sue your employer

No, you cannot do that. All employers in Virginia are required to have workers’ compensation insurance, but it also gives them an immunity of sorts. An injured worker cannot directly sue their employer because they were injured at work. However, if your employer has retaliated against you or suffered discrimination at work because you filed a workers’ compensation claim, you could take legal action. 

As long as I was at work, I can claim workers’ compensation benefits

That’s not entirely true. Your injury must have resulted from your work. Let’s say that you had a history of heart disease and suffered a sudden cardiac arrest at work during a loo break. In this case, your injury is not a direct outcome of your job. If you have pre-existing conditions or believe that your health history could impact your workers’ compensation claim, always talk to a lawyer. 

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