Guide to Workers Compensation in Virginia
How Does Workers Comp Work in Virginia? Answering the Questions You May Have After an Occupational Injury
Hints, Tips, and Techniques for Injured Employees to Use Virginia Workers Compensation Laws to Recover Damages After a Workplace Accident
Workers compensation laws touch more lives than any other field of law. The decisions of state agencies and courts interpreting these laws determine the payments of huge sums. Indeed, receiving workers compensation is often the difference between a family having food, clothing, and a roof over their head or living in poverty.
Last year, the Virginia Workers Compensation Commission received 33,053 workers compensation claims and reports of 106,102 occupational injuries. This equates to over 290 work-related injuries a day.
Unfortunately, the number of work injuries may be higher. Many injured employees do not report workplace accidents for fear of losing their jobs.
Despite its profound impact on countless lives, businesses, and government programs, the nuances and complications of Virginia workers compensation remain a mystery to many. This system, which often leaves injured employees, employers, doctors who treat workers compensation patients, and attorneys who do not specialize in workplace injury litigation feeling bewildered, is a challenge even for personal injury attorneys who dabble in the field.
We want to change that and eliminate insurance companies’ advantage over employees when a dispute arises because of a work injury.
Our website is designed to empower you with knowledge about workers compensation in Virginia. Its articles demystify the laws, rules, and evidence that influence the outcome of your workers comp claim. It also clarifies the interaction between workers compensation and other statutes. Finally, we offer guidance on the factors to consider when determining a fair settlement for your specific work injury, putting you in control of your situation.
We suggest reading all the articles below to understand how workers compensation works in Virginia. Or, if you know what you are looking for, click on the applicable question below for the answer to your workers comp question.
We hope you will use this knowledge to recover more money, get the medical treatment you need to heal, and negotiate a workers compensation settlement.
If you have questions, call us at (804) 251-1620 or (757) 810-5614.
Our workers compensation law firm has obtained millions of dollars in settlement payouts and won numerous trials, hearings, and appeals for injured employees like you.
Answers to More than 150 Workers Compensation Frequently Asked Questions (FAQs)
Below are some of the most frequently asked questions (FAQs) about workers compensation that we receive.
These questions come from the thousands of injured employees we have helped. View this workers comp settlement chart for examples of our results).
Click on the link to a question for tips on handling that issue. But remember: This information is general, and the answer to your specific worker’s comp question may vary depending on the facts of your case and which state has authority over your claim.
Introduction to Workers Compensation Principles
Each state workers compensation system is unique, operating under its laws, regulations, rules, and legal precedents (case law created by judges).
Most workers compensation statutes, however, share general principles.
- What is the purpose of workers compensation?
- What does the Virginia Workers Compensation Commission do?
- Does negligence matter in a workers compensation case?
- What is the exclusive remedy rule?
- When can I sue my employer for a job-related injury?
- What is the difference between workers compensation claims and personal injury lawsuits?
- Where do Virginia workers compensation claims fit in the state court system?
- What does that word mean? A Glossary of workers comp terms.
Procedural Considerations and Requirements in Virginia Workers Compensation
You must satisfy multiple procedural requirements to protect your right to workers compensation in Virginia (and other states).
- What steps should I take after a workplace accident?
- How long do I have to report a work-related injury?
- What should I include in my work injury report? (sample letter provided)
- Can my employer ask me to take a post-incident drug test?
- Should I submit a complaint to OSHA about unsafe conditions at work?
- Should I file for workers compensation?
- How do I file a workers compensation claim?
- What happens after I file my claim?
- Is there a deadline (statute of limitations) to seek workers compensation?
- Is workers comp based on where you live or work?
- How do I prove eligibility for workers comp?
- Am I an employee or an independent contractor under workers compensation?
- How long does the workers compensation claim process take?
- How do I reopen my case when I have a workers compensation award?
- Why should I consider taking a nonsuit and withdrawing my claim voluntarily?
- Who has the burden of proof in workers compensation cases?
- What evidence rules apply in workers compensation matters?
- What types of evidence should I use to win my case?
- Why did the insurer deny my workers comp claim?
- What are common defenses raised by employers and insurers?
- Why is the insurer alleging I violated a safety rule or that willful misconduct caused my injury?
- Does the doctrine of res judicata apply to my claim?
- What is a Workers Compensation Award Letter?
- Can I appeal a denied claim?
Benefits
- What types of workers compensation benefits are available?
- How much does workers compensation pay?
- Is workers compensation taxed?
- When do workers comp checks start?
- How long can I get workers compensation benefits?
- What is temporary total disability (TTD)?
- What is temporary partial disability (TPD)?
- Am I eligible for wage loss payments for the rest of my life?
- What is a permanent impairment rating?
- What are permanent partial disability (PPD) benefits?
- Can I receive money for scarring or disfigurement from a work-related burn, laceration, or surgery?
- Do family members receive workers compensation if a spouse or parent die from a work-connected injury or an occupational illness?
- Does the insurance company have to pay for pain and suffering from the occupational injury?
- Who pays for mileage or transportation to and from my medical appointments?
- Will I receive cost-of-living adjustments (COLA) for inflation?
- What lifetime medical benefits does workers compensation pay for?
- What should I do if my check is late?
- Can I accept another job if I am under an award for workers compensation?
- Why would I have to pay back workers comp?
- Why does the insurance carrier want me to meet with a vocational rehabilitation counselor?
- Can workers comp be garnished?
- Does child support have a lien against workers comp benefits?
- What to do when the employer and insurer file an application for hearing to suspend or terminate your benefits.
- Can my employer force me to use paid time off (PTO), sick leave, or vacation days if I miss time from work because of a job-related injury?
- Will retirement affect my benefits?
- Will I continue to receive workers compensation benefits after I reach maximum medical improvement (MMI) for my injury?
- Do I keep my benefits if the doctor releases me to light duty?
Medical Treatment Issues
Much Virginia workers compensation litigation arises from disputes about whether a specific treatment is reasonable, necessary, and related to the work accident.
- Can I use my private health insurance to pay for medical care related to an accident at work?
- Will Medicaid pay for treatment for a work injury?
- What is the best way to ask a doctor to treat you on a lien basis
- What happens to unpaid medical bills when workers compensation denies my claim? Understanding the debt collection stay statute.
- Does the employer or insurer have to give me a list of doctors to choose from?
- How do I select a workers comp doctor?
- Can I go to an urgent care center to get medical care?
- What is the treating physician’s role in work injury cases?
- What do I tell my workers comp doctor about the industrial accident?
- How do I schedule a doctor’s appointment if I have a workers comp claim?
- When can I change treating physicians in an open workers compensation case?
- Will my benefits stop if I miss an appointment with my doctor or physical therapist?
- What is an orthopedic surgeon?
- Does workers compensation pay for prescription medication?
- Is chiropractic adjustment covered under a lifetime medical award?
- Does the Health Insurance Portability and Accountability Act (HIPAA) apply to workers compensation?
- What is a functional capacity examination (FCE)?
- How do I get a second medical opinion through workers comp?
- Can I go to the emergency room (ER) for my work injury if my doctor does not have an appointment or the office is closed?
- Will I continue to receive workers comp checks if I refuse prescribed medical treatment?
- Will workers compensation pay for medical treatment for other body parts injured or weakened by the initial injury? Understanding the compensable consequences doctrine.
- What should I do if workers compensation denies an MRI?
- My doctor says I can return to sedentary work – what does that mean?
- What do nurse case managers (NCMs) do?
- What are my options if the insurance carrier denies medical treatment?
- Why is the insurance company sending me to an Independent Medical Examination (IME)?
- Can the claim adjuster or insurance defense attorney speak with my treating doctor?
- What happens if the treating physician releases me to full-duty work or from care?
Finding Evidence and Building Your Virginia Workers Compensation Case
If the insurer disputes your entitlement to Virginia workers compensation, you must prove your claim at trial.
Click on the answers to these questions to learn how to obtain and develop the evidence you need to win.
- How do I prove medical causation if the insurance company denies my claim?
- Do I have to sign a blank medical authorization and records release form?
- What is a cost-effective way to get my medical records?
- How do I get copies of my medical reports?
- Should I send a litigation hold (spoliation) letter to the employer and insurer asking the employer to preserve evidence?
- What can I do if the employer destroys (spoliates) the evidence needed to prove my claim or investigate a potential third-party action?
- What happens during pretrial discovery?
- Do specific discovery rules apply to workers compensation cases?
- How do I answer interrogatories?
- What interrogatories should I ask the employer and its insurance company to answer?
- Can I force the defendants to produce documents?
- How do I compel the defendants’ answers to my discovery requests?
- What should I do if the defendants’ discovery answers or document production are evasive or incomplete?
- Should I object to interrogatories that are irrelevant or invade my privacy?
- Do the procedural rules allow me to issue a subpoena?
- How do I prepare for my workers compensation deposition?
- Will having a criminal record affect my case?
- Can the insurer ask or discover past work injuries and claims?
- Should I expect the insurer to investigate my social media accounts, including Facebook, Twitter, and Instagram?
- How do I respond to allegations that I am faking my disability (malingering)?
Mediation
The Virginia Workers Compensation Commission is at the forefront of using mediation to solve disputes between claimants, employers, and insurers.
You can use the voluntary mediation process to negotiate a fair settlement.
Trials (Hearings)
Were you unable to reach an agreement with the insurance company?
Then your case is headed to trial, which is called a hearing in Virginia workers compensation.
Click on the questions below to learn what to expect at this court proceeding.
- How do I use motions in limine to exclude harmful evidence at trial?
- What happens at a workers compensation hearing?
- What are examples of questions asked at workers comp trials?
Settlements
Many Virginia workers compensation cases end with a lump sum settlement to you, the injured employee.
Click on the answers to these questions to learn more about the settlement process.
- Can I close my case with a lump sum settlement?
- Can I cash out my lifetime medical award?
- Does surgery increase the settlement value of a workers comp case?
- How do I write a demand letter asking the insurer to pay a workers compensation settlement?
- When will workers comp offer to settle?
- Should I accept the first settlement offer?
- How to use anchoring bias to get a better settlement.
- How do I persuade the insurance company to increase the claim reserve amount?
- When do I need a Medicare Set-Aside Arrangement (MSA) as part of the settlement?
- Why is the employer asking me to resign as part of the settlement?
- Can I change my mind after accepting a settlement offer?
- What does a compromise and release agreement say?
- What language should the settlement papers include to reduce the offset (reduction) of Social Security disability?
- How long will it take to get the workers comp settlement check?
- What is a life care plan, and do I need one before starting settlement negotiations?
- What does it mean to enter into a stipulation?
- What is the difference between a written stipulation and a settlement agreement?
Workers Compensation Attorneys
Trying to navigate the Virginia workers compensation system without a skilled lawyer is often a mistake if you suffer a catastrophic injury resulting in extended disability.
Read our answers to these questions to see if you should hire a workers comp attorney.
- When should I hire a workers comp lawyer?
- How much do workers compensation lawyers charge?
- Can I see a copy of the workers compensation retainer agreement/contract?
- What are things workers comp attorneys won’t tell you?
Dealing with Insurance Companies and Claim Administrators
Although some employers are self-insured, you will likely deal with an insurance company or a third-party administrator during your Virginia workers compensation case.
Learn more about what to expect from the insurer.
- Who are the biggest workers comp insurers and third-party claim administrators (TPAs)?
- What is a third-party administrator?
- What tricks do workers comp adjusters use to defeat claims?
- Do I have to give a recorded statement to the insurance claim adjuster?
- How do I scare the insurance adjuster into a better settlement?
- What is Gallagher Bassett’s role in my workplace injury case?
- Does The Hartford Insurance Company settle workers compensation claims?
- How do I deal with Sedgwick workers comp effectively?
- What is self-insured retention?
- What can I expect when Travelers Insurance handles my work injury case?
- Is the workers comp insurer acting in bad faith?
Specific Accidents and Injuries
The type of workplace accident or injury you suffer is critical in determining the value of your Virginia workers compensation claim.
Learn more about your specific situation here.
- How many workplace injuries and illnesses were reported last year?
- What are the most common work-related injuries?
- What is the disability duration for common work-related injuries, illnesses, and procedures?
- How do I win a claim for an occupational disease?
- What is the average settlement value for torn ACL injuries?
- How much is an amputation injury worth?
- What evidence will increase the value of my ankle injury claim?
- Will workers comp cover anxiety or depression from the work injury?
- What is the average value of a work-related back injury case?
- How do I win a thermal or chemical burn injury case?
- How to settle a work-related car accident case
- Proving carpal tunnel syndrome (CTS) under workers compensation laws
- Guide to cervical spine and neck injury settlements in workers compensation
- How does chronic pain affect settlement value?
- Will an MRI or CT scan show a concussion?
- What happens if I develop complex regional pain syndrome (CRPS) from a work injury?
- What claims and lawsuits can I bring for a construction accident injury?
- Can I get workers comp when an injury causes or worsens degenerative disc disease and osteoarthritis?
- What must you prove to get a fair settlement for a work-related degloving injury?
- Will workers comp pay for dental injuries affecting the mouth, jaw, and teeth?
- What are my legal options after an electrocution accident?
- How much is an eye injury case worth if I suffer vision loss?
- What should I know about workers comp cases involving falls from ladders, roofs, and scaffolds?
- How do I negotiate a settlement of a job-related foot injury case?
- What is the settlement range for a forklift accident case?
- How do I win a crane accident claim?
- Getting the workers compensation benefits you deserve for a broken bone (fracture)
- What is a hand or finger injury worth?
- Negotiating a lump sum settlement for a head injury (including a concussion)
- How do I get compensation for occupational hearing loss?
- Who qualifies for the presumption under the heart and lung disease bill?
- Does workers comp cover herniated discs?
- Will I get more money if my herniated disc injury requires epidural steroid injections?
- What is the fair settlement value for a hip injury?
- How to litigate a work-related knee injury claim
- What is the average settlement amount for a knee replacement?
- How do I prove I suffered a torn meniscus at work?
- How do I settle a muscle injury case?
- What is a reasonable settlement amount for a work-related nerve injury causing permanent damage?
- Which legal theory should I use to prove post-traumatic stress disorder (PTSD) related to work?
- Can I get workers comp even though I have a preexisting injury or condition?
- Does workers compensation cover repetitive motion (cumulative trauma) injuries?
- What is the settlement range for workers comp claims for sciatica?
- How do I negotiate a settlement in my shoulder injury (torn rotator cuff) case?
- What can I expect after a skull fracture?
- How do I win a workers comp claim for a slip and fall accident?
- What is the settlement range for spinal cord injuries resulting in paralysis?
- How much is a workers comp spinal fusion settlement worth?
- What are common permanent restrictions after spinal fusion?
- Can spinal stenosis result in permanent disability from work?
- What benefits are available for thoracic outlet syndrome?
- How do I prepare a traumatic brain injury (TBI) case?
- What are the types of TBIs?
- What are Waddell’s signs for low back pain?
- Does workers compensation cover workplace violence, such as assaults and mass casualty events?
Specific Employers
Are you looking for tips on dealing with your specific employer in a workers compensation claim?
Look for help here.
- Amazon workers comp: How to win your claim and get a settlement
- Workers compensation settlements for American Airlines employees
- How do I file a Dollar General workers comp claim?
- How much is my Home Depot work accident claim worth?
- Winning workers comp if you get hurt at Lowe’s.
- Were you hurt while working for Sentara Healthcare?
- Strategies and tactics for your Target workers compensation case
- How does United Airlines handle work injury claims?
- What is the settlement value of my UPS workers compensation case?
- Everything you need to know about Walmart work accident claims and settlements.
- Can the employer or insurer force me to return to work if my doctor gives a light-duty (modified) release?
- Statutory employer doctrine: When does another company have to pay me benefits?
Specific Occupations
Every Virginia workers compensation claim is unique.
However, patterns exist within specific occupations.
- What can airline employees (including aircraft mechanics, baggage handlers, and flight attendants) expect after a job-related injury?
- Electricians face many hazards on the jobs.
- What is the average settlement for nurses with workers comp claims?
- School violence against teachers results in many workers compensation cases
- What are the most common work-related injuries for truck drivers?
Other Laws Providing Benefits for Injured Workers
Though workers compensation is often your exclusive remedy against your employer, an occupational injury or illness may qualify you for other benefit programs or remedies.
Further, you may bring your work-related injury claim under another law after investigation.
- Do I have a third-party action (lawsuit) for my work injury?
- What is the interaction between workers comp and admiralty and maritime injury law?
- How do coal miners qualify for black lung benefits?
- Is there a separate workers compensation program for federal employees?
- Am I eligible for workers comp if I use Family and Medical Leave Act (FMLA) leave after an occupational injury or illness?
- What is a Jones Act negligence lawsuit?
- How do I negotiate a workers comp lien reduction when settling an auto accident or personal injury case?
- Does the Longshore and Harbor Workers Compensation Act (LHWCA) apply to injured shipyard employees?
- Do I qualify for long-term disability after an occupational injury or disease?
- Can I receive long-term disability and workers compensation benefits concurrently?
- Who qualifies for maintenance and cure payments?
- Can I defeat the employer’s plea in bar in a civil action?
- Do I have a product liability case because of defective machinery or equipment?
- Can I sue my employer if it retaliates against me for filing a workers compensation case?
- What is the difference between short-term disability and workers comp?
- Is my injury severe enough to qualify for Social Security disability?
- Can I get Social Security disability if I already receive workers compensation?
- Can I apply for Social Security disability after I settle my workers comp claim?
- What is subrogation?
- Will I qualify for unemployment benefits while waiting on a decision in my workers compensation case?
- Do I have an unseaworthiness claim?
- Am I eligible for benefits through the Virginia Retirement System (VRS)?
- How do I protect my VRS disability benefits if I have a workers compensation claim?
Our Lawyers Explain Virginia Workers Compensation So You Make the Best Choices for You and Your Family
Virginia workers compensation plays a crucial role in society by providing a financial safety net and medical treatment to employees hurt at work.
However, understanding and comprehending the Virginia Workers Compensation Act will challenge you. And a mistake could cost you thousands of dollars and your health.
Our law firm believes that educating clients on the Virginia workers compensation system is the best way to ensure they make the best choices for their family, health, and finances. This is why we answer hundreds of frequently asked questions about work comp on this website.
We hope you use this information to get everything you deserve.
If you have any questions about your case, call us at (804) 251-1620 or (757) 810-5614.
If my firm cannot help you, we will recommend someone who can.
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