When are Work Related Injuries Covered by the Virginia Workers’ Compensation Act?

The Virginia Workers’ Compensation Act was enacted to assist employees with receiving assistance with their work related injuries in an efficient and cost effective manner. Prior to the enactment of the Virginia Workers’ Compensation Act, employee’s had to sue their employers for personal injuries suffered while at work. The Virginia Workers’ Compensation Act benefits the employee by assisting the employee with recovering benefits, but also limits the remedies available to an injured employee. In Virginia, any business with more than two (2) employees is required to carry workers’ compensation insurance.

In order to be able to recover workers’ compensation benefits, the employee must be injured while performing a work-related activity and the activity must be performed to benefit the employer. In a workers’ compensation claim, the employee does not have to prove negligence on the part of the employer, but the employee can be disqualified from recovering workers’ compensation benefits if the employee was committing an illegal act while injured on the job. An example of an illegal act could be a delivery driver drinking alcohol while making his deliveries.

The Virginia Workers’ Compensation Act allows employees to recover for injuries suffered during a work-related accident and any pre-existing conditions that have been exacerbated as a result of the work-related accident. When an employee files a Virginia Workers’ Compensation claim, that employee is entitled to medical benefits, lost wages, temporary disability payments, permanent partial disability payments, permanent total disability payments, death benefits, and mileage reimbursement. An employee can recover these benefits, only if the employee promptly notifies the employer of the work-related accident, within thirty (30) days of the accident and the employee files a claim for benefits with the Virginia Workers’ Compensation Commission, within two (2) years of the work-related accident. Furthermore, the employee must timely seek medical attention, in order to avoid the appearance that medical attention was not required and hence should not be covered by the workers’ compensation benefits. Medical care is essential in a workers’ compensation case as the medical evidence will determine the amount of benefits that an employee can recover.

In the event that an employee is injured by a third party in a work-related accident, the employee can seek additional recovery from the third party in a personal injury suit. An example is a delivery driver that was involved in an accident caused by a drunk driver. The delivery driver is entitled to benefits under the Virginia Workers’ Compensation Act and the delivery driver can also recover damages in a personal injury suit against the drunk driver.

If you have been injured at work, you should contact a workers’ compensation attorney immediately. There are important deadlines that must be complied with in order to recover benefits under the Virginia Workers’ Compensation Act. Attorney Monge can help you throughout all stages of the workers’ compensation claims process including but not limited to, notifying your employer, gathering medical evidence, building your case, settling your case, taking your case to trial, or appealing a denied claim.

To prevent a denial of benefits or not receiving full compensation, contact the Law Office of Kermit A. Monge, PLLC. Attorney Monge can assist you with your questions and guide you through the workers’ compensation process and ensure that your rights are safeguarded. You can reach Attorney Monge at (703) 273-5500 to schedule your appointment now.