FAQs
Understanding Virginia's Workers Compensation laws can be confusing. Below are some answers to commonly asked questions about filing a workers compensation claim. Contact us today to discuss the details of your particular case.
- How does workers compensation work?
- What items will be helpful to have with me for my initial consultation with Mr. Lauer?
- How do I file a claim?
- How long do I have to file a claim?
- Am I entitled to pain and suffering?
How does workers compensation work?
- Filing a claim: A claim is filed with the Virginia Workers Compensation Commission within two years of the date of the diagnosis or injury. The Commission then notifies the employer and/or the insurer about the claim. Many people are tricked by employers and insurance carriers who take care of an injured employee's needs now but stop abruptly once the two-year statute of limitations on work-related injuries in Virginia has expired. Do not let this happen to you.
- Approval or denial: The employer/insurance carrier then decides whether to approve or deny the claim.
- Denied claims: Denied or contested illness or work-accident claims must then be heard before the Virginia Workers Compensation Commission. These cases are held before an administrative law judge whose opinion, if favorable, becomes an Award and protects the injured's rights to benefits including lifetime medical benefits
What items will be helpful to have with me for my initial consultation with Mr. Lauer?
- Copies of your paystubs/wage records for the 52 weeks prior to your injury so we can determine your average weekly wage
- Copies of any off work or light duty slips from your doctor so we can determine your work status
- Copies of any medical records you have
- Copies of any letters or other documents sent to you by your employer or your employer's workers compensation insurance policy
How do I file a claim?
You can contact the Workers Compensation Commission to obtain a "Claim Form and Request for Hearing," or send a letter to the Commission.
How long do I have to file a claim?
A worker must file a claim for workers compensation benefits within two years of the date of the accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work. If after returning to work, you are again disabled, you must file a claim within two years of the date for which you were last paid compensation under an award.
You still must file a claim with the Workers Compensation Commission if the employer/carrier has voluntarily paid you lost wages or medical benefits and the Commission did not enter an Award Order.
Am I entitled to pain and suffering?
An injured worker is not entitled to collect pain and suffering from his/her employer under a Virginia Workers Compensation Claim.
Contact us
At Dulaney, Lauer & Thomas we focus a large part of our practice specifically on Virginia Workers Compensation cases. Contact us today to see how we can help you get the benefits you deserve from a workplace injury.
