Virginia Worker’s Compensation

What is workers’ compensation?

Workers’ compensation is a particular form of employer insurance, which is meant to provide compensation to injured employees for work-related injuries. In Virginia, workers’ compensation is governed by the Virginia Workers’ Compensation Act.

Are Virginia employers required to carry workers’ compensation coverage?

Under the Act, Virginia employers are required to carry workers’ compensation coverage if they regularly employ more than two full-time, part-time, or seasonal and temporary employees (including subcontractors). Furthermore, under the Act, within 10 days of having knowledge of a work-related accident or injury, employers are required to file a “First Report of Injury” (FROI) of the accident or injury with the Virginia Workers’ Compensation Commission.

What types of injuries are covered under the Act?

To receive workers’ compensation in Virginia, the accident or injury must have occurred while the employee was acting in the course of employment or acting on the behalf of the employer. Therefore, under the Act, the accident or injury must: (1) have occurred at work or during a work-related function, (2) be caused by a specific work activity, or (3) have happened suddenly at a specific time. As such, injuries caused by an employee’s own misconduct, injuries occurring outside of the scope of work, or those incurred gradually or as the result of repetitive trauma, are not covered in Virginia.

What benefits are an injured employee entitled to under the Act?

Under the Act, an injured employee is entitled to 66.67% of his or her average weekly wages for a period not to exceed 500 weeks. Moreover, an injured employee (or his or her next of kin) may also be entitled to certain other benefits, such as reimbursement for out of pocket medical or funeral expenses.

What is the workers’ compensation process in Virginia?

If an employee suffers a work-related injury, the employee must: (1) provide written notice to their employer no later than 30 days from the date of the accident and (2) file a claim with the Virginia Workers’ Compensation Commission within two years of the accident. If the injured employee fails to fulfill either of these two requirements; however, he or she may forfeit the right to compensation.

Why should I hire Juris Day to pursue my workers’ compensation claim?

Although Virginia’s workers’ compensation laws are designed to be straightforward, many specific requirements and limitations exist depending on your particular situation. As a result, failing to correctly file a workers’ compensation claim and fulfill these requirements may result in  losing your right to some or all of your benefits. It is imperative that you hire an experienced workers’ compensation attorney who will assist you in protecting your rights and maximizing your benefits.

With decades of experience, the attorneys of Juris Day have successfully represented numerous clients seeking workers’ compensation.