Despite all the safety measures and precautions, workplace accidents and injuries are not rare in Virginia. All employers in the state must have workers’ compensation insurance for full-time and part-time workers. If you have sustained injuries at work in Ashburn, you have to take a few steps to protect the benefits you are entitled to. Insurance companies won’t be easy with you, and if your claim is denied, you still have legal options. Ashburn workers comp lawyers can help evaluate your claim. Here are some key things to know.
- You have to report your injury. If you want workers’ compensation benefits in Virginia, you have to report your injury to your employer. While there is a deadline of 30 days, you should ideally do so at the earliest.
- The fault is not important. The workers’ compensation system is a no-fault one. Even if you had a role in causing the accident, you could still seek benefits. Also, you cannot sue your employer for their share in the fault. Employers enjoy that immunity, except for a few circumstances.
- Don’t deal with the insurance company alone. You must file a claim form with the state’s Workers Compensation Commission. Don’t let the insurance company fool you with an immediate offer.
- Not all injuries are covered. Just because you were injured, it doesn’t mean you can always claim workers’ compensation benefits. For instance, if you had a heart attack at work with a prior history of cardiac disease, your claim could be denied.
- Don’t expect the claims adjuster to be fair. People often assume that the insurance company will make a decent offer for their claim. These companies work to make money, and therefore, the claims adjuster is not your best friend.
- You should hire an attorney. The workers’ compensation system is meant to be simple, but injured workers often forget that the employer is only paying for insurance, not settlements. If you don’t hire an attorney for your case, you could end up with a much lower settlement. No lawyer can promise a perfect outcome for your workers’ compensation claim, but they can improve your chances.
Don’t shy away from discussing the worth of your workers’ compensation claim with a lawyer. Your attorney can take steps if your claim is denied and can represent you at an appeal if needed. More importantly, they can help you discover the various legal options you may consider.