STATE WORKERS' COMPENSATION

The workers compensation system represents one of the great compromises of the law. In the old days, if you were hurt on the job, you had to sue your employer to recover for your injuries. You had to prove that the employer was at fault and that you did nothing to contribute to the accident. Sometimes injured workers would win large judgments, but most of the time, workers got nothing. In order to make the system more fair for injured workers, the legislature created a workers' compensation system that requires the employer to provide certain benefits to any person injured on the job regardless of fault. In exchange, workers are no longer allowed to sue their employers in court.

If you are injured or hurt in an accident at work, by law you are entitled to two-thirds of your pre-injury average weekly wage for the time you are out of work, and medical treatment for the injury for life. If you injury is permanent, meaning that it will never fully heal, you may be entitled to additional compensation. There's no compensation for paing and suffering, inconvenience, attorneys fees or any of the other types of damages that you can sue for in court.

What should you do if you are injured at work? First, if you are able, report the injury to your supervisor or superior immedisately, even if you don't think you need immediate medical attention. More injury workers lose their benefits because they wait to report the incident than for any other reason. Once the incident is reported, no matter how minor it is, the law requires the employer to file an accident report with the Virginia Workers' Compensation Commission (VWCC). You should ask to see and sign this report before it gets sent.

Second, get appropriate medical treatment. Your employer is required to provide you with a list of at least three appropriate medical providers for you to choose from. If you are not given a list of providers, you are not required to go to the doctor the employer chooses - you are free to go to any appropriate medical provider of your choice.

If your claim is denied by your employer's workers compensation insurance carrier, you may need to file a claim with the VWCC. If the insurance carrier still refuses to accept the claim, they must notify the Commission of its reasons for denial. The Commission will then set the matter for a formal evidentiary hearing before a Deputy Commissioner who will decided whether or not you are entitled to workers compensation benefits. While the law allows injured workers to represent themselves at these hearings, it is not recommended. The rules of evidence and procedure used in these hearings can be complicated. Making procedural mistakes or failing to follow the rules can result in losing your case, no matter how favorable the facts might be.

If you win your case, or even if you claim is accepted by the insurance carrier as compensable, you may decide that you'd rather settle your claim for a lump sum payment rather than have the insurance carrier dictate your medical treatment. A settlement should reasonably compensate you for giving up your claim against the employer and should provide you with enough money to pay for any future medical costs and/or lost wages you might suffer. Determining the right amount to accept at settlement is an inexact science at best, and an experienced attorney should be consulted, because once you accept a settlement, you forever abandon you right to future benefits.

The Norfolk workers' compensation attorneys of Rutter Mills have a proven track record of success in workers' compensation cases. The Viringia Workers' Compensation lawyers of Rutter Mills have handled hundreds of workers' cases and obtained significant awards on behalf of our clients. Personal injury law is our specialty: we only do injury law. We know the various laws and we know how to apply the law to our clients' life stories, presenting the nature and extent of our clients' injuries and medical treatment and explaining how our clients' lives have been changed to decision makers, judges and ultimately juries. If you have been seriously injured at work contact the workers' compensation atorneys at Rutter Mills or click here.