How Workers’ Compensation Works: Are You Eligible?


Workers’ compensation is a system that provides workers who are injured on the job with monetary support to help them with medical expenses and lost wages. Each state has its own statutes to govern how workers’ compensation operates. It is the responsibility of the employer to pay for or have insurance to pay for their employee’s workers’ compensation expenses.

It is a stressful situation when you have been injured in a work-related accident and are unable to do your job. Your ability to work and bring home a paycheck in addition to mounting medical expenses is overwhelming for anyone. You may be unsure about your future and how to figure out the workers’ compensation claims process on your own.

When you have been injured at work and you want to pursue a worker’s compensation claim in Virginia, you need the help of an experienced Virginia Beach workers’ compensation attorney. Scott R. Barney, Esq., of Barney Injury Law can help. Born and raised in Virginia, Scott cares about helping the residents of Virginia obtain the highest amount of workers’ compensation payments possible.

What Injuries Qualify for Workers’ Compensation?

If an employee is injured at work, it must be either an “injury by accident” or an “occupational disease” to qualify for the benefit.

An injury by accident is one that occurs at work or for an employee attending a work-related function. The accident must also be work-related. The accident must have occurred during a specific work activity. The timing of the injury is also important. Those that develop over time from repetitive trauma, such as arthritis, are generally not covered. If an injury happens during a specific incident, such as a broken bone, this would be covered.

Accident cases have a statute of limitations within which the injured party can file a claim. In Virginia, that timeframe is two years from the date of the accident.

Occupational diseases must have been incurred as a direct result of the work an employee does. These diseases cannot be those of the back, neck, or spinal column.

Disease claim statutes of limitations are either two years or five years depending on whichever event is sooner. It is two years from the date your medical provider tells you that your disease is work-related. It is five years from the date you were exposed to the condition which caused your disease.

What Should You do if You are Injured at Work?

If you believe you have had a worker’s compensation accident, there are a couple of things you should do.

If the insurance company denies any part of your claim, you may still be eligible for benefits. The Workers’ Compensation Commission will decide if your employer will pay. It is important that all workers who are injured filed a claim with the Virginia Workers’ Compensation Commission no matter what the insurance company decides to do.

Workers’ Compensation Covers Wages

Workers’ Compensation Covers Medical Bills

Workers’ compensation covers costs of medical expenses that are a result of conditions or diseases that have been caused by the accident. These benefits also include reimbursement for mileage when you are driving to and from your medical appointments.

Filing for workers’ compensation coverage after a workplace accident is a complicated process. Luckily, you do not have to navigate it alone. Scott R. Barney, Esq., is a Virginia Beach personal injury attorney who can help. Call me today to set up a free consultation at (757) 296-8343.

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