When workers’ compensation operates the way it is supposed to, injured employees have their medical expenses paid and receive lost wages. Those seriously injured may receive long-term or permanent disability benefits. However, for a variety of reasons, sometimes valid claims are denied. If you are not receiving the benefits you deserve, or if the employer’s insurance company denies your claim, the Centreville personal injury law firm at Rutter Mills can help. Over the past 50 years, our experienced attorneys have represented thousands of workers and won their claims.
Workers’ Compensation in Virginia
Workers’ compensation laws vary by state. In Virginia, employers with three or more full-time or part-time workers are required to carry it. Therefore, the odds are that most employees are eligible for coverage when injured. Virtually anyone qualifies as an employee, even if they are temporary or seasonal, family members, or minors. Religious institutions and nonprofits are not exempt from workers’ comp regulations. Neither are sole proprietors. Workers’ comp insurance is mandatory, with few exemptions.
Employers hiring subcontractors must adhere to workers’ compensation requirements even if the subcontractor carries it’s own insurance.
One exception is an independent contractor since they are not employed by the company per se. However, this role is often exploited by some businesses. Upon scrutiny, they could prove to be employees. It depends on how much of the work relationship the company controls. If you think you may fall into the employee rather than independent contractor category, workers’ comp lawyers can help determine the facts.
Workers’ comp covers only injuries occurring on the job, during regular or approved working hours. Most car accidents on the way to work do not qualify for workers’ comp coverage, but there are exceptions. If driving is a part of the job, a car accident during work is covered.
There are exceptions to coverage and on-the-job injuries, such as those occurring due to employee misconduct, such as intoxication or fighting.
Termination and Workers’ Compensation
It is illegal to fire an employee because he or she filed a workers’ compensation claim. It is also illegal for the employer to fire a witness to the incident resulting in the claim. Anyone terminated from their job should seek legal advice as soon as possible. Unlike other actions involving workers’ comp, when an attorney would represent the client before the Virginia Workers’ Compensation Commission, illegal termination cases go before the circuit court.
Contact Centreville Workers’ Compensation Lawyers
If you were seriously injured on the job and are experiencing issues with your workers’ comp claim, you are likely worried about your future, both financially and in terms of your medical needs. The compassionate workers’ compensation attorneys at Rutter Mills will answer your questions and help you receive the compensation you deserve for your injuries. Call us 24/7 or contact us online to schedule a free consultation. We will fight aggressively for your rights.
When you’ve been injured, you’ve got a lot at stake - but so does the insurance company. Walking into the court room with a serious lawyer makes all the difference. Watch our video to learn more about Rutter Mills. Your lawyer matters.
“Nothing makes you feel more vulnerable than being hurt or ill. And nobody likes to ask for help. But when you need it most, we’re at our best. We give our clients the confidence and support they need to know they’ll be taken care of – that they’ll get the best outcome possible, even in the face of a very bad situation.”
– Brother Rutter