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Workers’ Compensation

The Workers’ Compensation program was started to protect your rights as a worker. If you are injured or made sick while on the job, your employer’s Workman’s Compensation insurance has to pay for your medical treatment. In addition, you are entitled to receive a portion of your previous average weekly wages while you are unable to work. In theory, this means that an injured worker doesn’t have to worry about anything except recuperating. In reality, you may be faced with many obstacles, which is why you need the help of an experienced Virginia Workers’ Comp attorney, like the ones at Rutter Mills.

The process of filing for Workmans’ Comp in Virginia and North Carolina is a complicated one requiring many different forms and deadlines before you get the money you need to support your family. It is in your employer’s and your employer’s insurance company’s best interest if your claim is filed incorrectly or denied. They are under no obligation to tell you about the different forms you have to file or deadlines you have to meet. They can challenge your claim, saying that you were drunk or high when the accident happened. They can challenge the judge’s decision, forcing you to go through an extremely complicated appeals process. Your best choice in any case is to have the help and guidance of a skilled Virginia Workers’ Compensation lawyer looking out for your best interests.

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 pain and suffering, inconvenience, attorneys fees or any of the other types of damages that you can sue for in court.

Our team of Norfolk Workman’s Compensation attorneys here at Rutter Mills will do everything we can to help you get the money you need to get on with your life.
Joann Matruski hurt her foot and ankle at work when a coworker accidentally ran into her. She developed back and hip problems as a consequence of the accident. Several years after her injuries, Joann still has pain in her foot and back that require ongoing care. “I needed someone to help me get the kind of treatment that I needed, and when I went to Rutter Mills, they were able to do so. You don't feel like you are by yourself or you're alone. Go to Rutter Mills. They treat you like a person.”

The rules of the Workers’ Compensation program vary from state to state, but many of the basic guidelines are the same:

• If an accident happens, it is important to tell your supervisor or superior about it immediately, 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.
• 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 you are diagnosed with a long-term illness because of working conditions, you must tell your employer about it as soon as you receive the diagnosis.
• Contact a lawyer who knows the laws of the Workers’ Comp program well to explain to you what you have to do and how to present your claim in the best light. If you win your case, or even if your 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. Determining the right amount to accept at settlement is an inexact science at best, and an experienced workers' compensation attorney should be consulted, because once you accept a settlement, you forever abandon you right to future benefits.

If you are injured on the water, you may be covered not only under the workers' compensation law in the state where you are injured, but also by the Longshore and Harbor Workers' Compensation Act ("LHWCA"), a federal law administered by the United States Department of Labor through its Office of Workers' Compensation Programs. For more information on Longshore Workers’ Compensation go to our Longshore Workers' Compensation practice area. At Rutter Mills, we are committed to putting the skills and experience of our Virginia and North Carolina Workers’ Compensation attorneys to work helping you in any way you need.

The Workers’ Compensation Act was, essentially, a big compromise, made “to protect the interests of eligible workers, employers and the Federal Government.” Before it was passed, in 1918, workers had to sue their employers in order to get the money they needed for medical care and lost wages. The courts were clogged with cases, and employees almost never had any chance of getting a fair verdict. Now, your employer is required to buy Workman’s Comp insurance for all employees. If you are injured, the insurance company should pay you the money you need automatically. In return, you are not allowed to sue your employer. However, you may need to sue in order to get paid Workman’s Compensation money in the first place. In addition, you may be able to sue a third party involved, if that party was responsible. For example, if you were making deliveries and the delivery site was unsafe, your injury becomes the responsibility of whoever was in charge of maintaining that site. You can also sue for gross negligence, as in the case of an employer who made employees continue to use a machine that was known to be unsafe.

If you speak with a lawyer who knows the possibilities under the Virginia Workers’ Compensation and the North Carolina Workers’ Compensation laws, you may find any number of alternative opportunities. With the skilled team of Norfolk and Virginia Workman’s Comp lawyers at Rutter Mills on your side, you can be sure that every option has been explored to your best advantage. If you have been seriously injured at work contact the Norfolk workers' compensation atorneys at Rutter Mills or click here.

Web Resources for Workers’ Compensation:

• Department of Human Resource Management - Workers' Compensation
• Virginia Workers' Compensation Commission

  Description: The Virginia Workers' Compensation Commission is the state agency which administers the Virginia Workers' Compensation Act.

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Blog for Workers’ Compensation

• The Purpose of Workers' Compensation

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