Getting injured at work can be overwhelmingly stressful. You may worry about your health and job, but significant anxiety can develop over paying your bills and supporting your family.
Understanding how to file for workers’ compensation benefits is crucial in Virginia. These benefits can help you cover medical expenses, lost wages and other related costs, providing much-needed relief during a tough time.
Who is eligible for workers’ comp benefits?
Employers with three or more workers in Virginia must carry workers’ compensation insurance. This means that if you get injured on the job, you should be eligible for benefits.
Workers’ comp payments cover roughly two-thirds of an employee’s lost wages. However, filing a claim on your own can be time-consuming and complicated. Some employers or their insurance providers may try to deny your claim or reduce payments.
That’s why following all filing requirements, including deadlines, is essential to ensure you get the benefits you deserve.
Steps for filing a claim
Filing a workers’ compensation claim involves several key steps, including:
- Reporting the injury: Notify your employer immediately. Ideally, do this in writing. You have 30 days to report the injury to your employer. But as soon as possible is ideal.
- Seeking medical treatment: Get prompt medical attention. Inform the healthcare provider that the injury is work-related. Be honest with your doctor about your injuries, follow their instructions and save all treatment and financial records related to your care.
- Filing a claim with the Virginia Workers’ Compensation Commission (VWCC): Complete the Claim for Benefits form (Form 5), available on the VWCC website. Submit the form by mail, fax or online through the VWCC’s WebFile system.
- Employer’s Report: Your employer should file a First Report of Injury (FROI) with their insurance carrier and the VWCC.
- Investigation and decision: The insurance carrier will investigate your claim. They may approve, deny or partially approve it.
- Receiving benefits: If approved, you will start receiving payments, which may include medical treatment and wage replacement.
- Appealing if necessary: If your claim is denied, you can appeal the decision by requesting a hearing before the VWCC.
Following these steps can help you get the benefits you need. But meeting all the requirements doesn’t necessarily mean smooth sailing, especially when complex cases occur.
Working with an experienced workers’ comp lawyer can give you peace of mind when filing your claim or handling appeals for denied or reduced benefits.