Hurt at Work in Virginia? What to Do in the First 48 Hours

Corey R. PollardWorkers’ compensation attorney · Former insurance defense · $100M+ recovered

What to Do in the First 48 Hours After a Workplace Injury in Virginia

The decisions you make in the first two days after getting hurt at work can affect whether you receive full benefits or fight an uphill battle for years.

I’ve represented more than one thousand injured workers in Virginia – from warehouse employees in Richmond to construction crews in Hampton Roads to federal contractors in Northern Virginia. The ones who face drawn-out litigation, protracted discovery, and the need for an evidentiary hearing before a deputy commissioner with the Virginia Workers Compensation Commission often made avoidable mistakes in the hours right after the incident – before they ever talked to a workers comp lawyer.

If you’re hurt at work in Virginia and unsure what to do next, this checklist covers the critical steps that protect your health and your claim.

In a Rush? Your First 48 Hours Checklist

Here is the whole thing as a list you can work. Tick items off as you do them and it saves on your device, so you can put the phone down and come back to it. And it prints, because you may be reading this in a hospital bed and you may want it on paper. The rules in the black panel are not tasks. There is no box to tick on those. They hold the entire time.

This guide gives you the exact steps to protect your claim, your health, and your paycheck when a work injury turns your life upside down. Doing things right in the first 48 hours after an occupational injury can help you get all the workers compensation benefits you’re owed and set you up to negotiate a fair work injury settlement.

Hour 0-4: At the Scene of the Work Accident

Get Medical Attention Immediately

Your health comes first. Always.

If you’re seriously injured – head trauma, broken bones, severe bleeding, chest pain, difficulty breathing – call 911 or have someone take you to the emergency room. Do not wait for permission from your supervisor or Human Resources (HR).

For less severe injuries, tell your supervisor you need medical treatment. Your employer should direct you to an authorized medical provider or give you a panel of physicians to choose from.

Critical point: When you see the doctor, tell them exactly how the injury happened at work. Use specific language:

• “I was lifting a box at work when I felt a pop in my lower back.”

• “I slipped on water in the Petersburg warehouse and landed on my right shoulder.”

• “The forklift struck my left knee while I was walking through the loading dock.”

The words your doctor writes in that first medical record will follow your claim forever. Vague descriptions like “patient reports back pain” or “patient says she has to lift things every day at work” give insurance companies ammunition to deny your claim.

Give a Written Report of the Injury to Your Employer

Virginia law gives you up to 30 days to report a workplace injury to your employer. See Virginia Code Section 65.2-600. But waiting even hours can hurt your case because it allows the employer and its insurance carrier to question your credibility and whether the incident even happened on the clock.

Tell your direct supervisor at once – verbally first, then follow up in writing. If your supervisor isn’t available, report to another manager or supervisor, Human Resources, the safety coordinator, or any company official with authority.

What to say:

• “I was injured at work today. [Describe what happened, where, and what body parts were hurt]. I need medical treatment.”

• That’s it. Keep it simple and factual. Do not accuse the company of being at fault or negligent (it doesn’t matter in workers comp law), apologize for anything, or minimize your pain and other symptoms out of fear that you will lose your job or seem weak. Retaliation for seeking workers compensation benefits is unlawful in Virginia.

Document Everything

While details are fresh in your mind:

• Write down exactly what happened. Time, location, what you were doing, how the injury occurred, what body parts were affected.

• Take photos. The accident scene, any hazards that contributed to the injury, visible injuries to your body, your work boots or clothing if relevant (primarily in work-related slip and fall cases).

• Get witness information. Names, phone numbers, and job titles of anyone who saw the accident or heard you report it.

Save any physical evidence. Defective equipment, broken ladder rungs, the shoes you slipped in – don’t throw anything away. Not only are these items relevant to the workers comp case, but they may also provide you with a third-party work injury lawsuit against the product manufacturer or distributor.

Your smartphone is your best friend here. Photos with timestamps, voice memos describing what happened, screenshots of any text messages about the incident. All these items help prove your claim.

Hour 4-24: Protect Your Claim

Follow Up Your Verbal Report in Writing

Even if you told your supervisor verbally, send a written report. Email is best because it creates a time-stamped record.

Sample email:

Subject: Workplace Injury Report – [Your Name] – [Date]

Dear [Supervisor’s Name]:

I am writing to report that I was injured at work today, [date], at approximately [time].

I was [describe the task you were performing] when [describe how the injury occurred]. I injured my [list body parts].

I reported this injury to you verbally at approximately [time]. I am seeking medical care at [location/provider].

Please confirm receipt of this report.

[Your Name] [Employee ID if applicable] [Phone number]

Send this to your supervisor, HR, and your personal email address. Keep a copy.

Choose Your Doctor Carefully

Under Virginia law, your employer must provide you with a panel of at least three physicians from different medical practices. You get to choose which doctor from that panel becomes your authorized treating physician.

This decision matters enormously. Your treating physician will:

• Diagnose you and develop a treatment plan.

• Give work restrictions that can decide your entitlement to temporary total disability (TTD) or temporary partial disability (TPD) benefits and whether you must look for work.

• Provide opinions on the causal relationship between your work injury and the need for medical treatment or work restrictions.

• Decide when you reach maximum medical improvement (MMI) for your occupational injuries.

• Eventually assign a permanent impairment rating that affects settlement value or how much you receive in permanent partial disability (PPD) benefits.

Do not let your employer or the insurance company pressure you into choosing a specific doctor.

If you have any doubt about who to choose, call a workers comp attorney before selecting a doctor. Your attorney will know which panel physicians have reputations for minimizing injuries or releasing patients back to full duty prematurely. This one decision can be worth tens of thousands of dollars.

Do Not Give a Recorded Statement

Within hours of your injury report, an insurance adjuster will likely call you. They’ll be friendly. They’ll express concern about your health. Then they’ll ask to take a recorded statement “just to get the facts.”

Do not agree to a recorded statement without talking to an attorney first.

Insurance adjusters are trained to ask questions designed to create inconsistencies, minimize your injury, or find facts that support a future denial. Anything you say can be used against you.

Polite responses:

• “I’m focusing on my medical treatment right now. I’ll be happy to discuss the claim once I’ve had a chance to consult with an attorney.”

• “I’ve provided a written report to my employer. I’ll follow up when I’m able.”

• You do not have to give a recorded statement. The adjuster may suggest otherwise – they’re wrong.

Keep Medical Appointments and Follow Doctor’s Orders

The insurance company will look for any excuse to argue you’re not really hurt. Or that you’re not as injured as you claim. Missing appointments, skipping physical therapy, or ignoring your doctor’s instructions gives them that excuse.

• Attend every scheduled appointment.

• Take medications as prescribed.

• Follow activity restrictions. Get in the habit now. The insurer may conduct surveillance in the future to try to catch you in a lie about your abilities.

• If you can’t make an appointment, reschedule – don’t just not show up.

Hour 24-48: Set Your Claim Up for Success

File Your Own Claim with the Virginia Workers Compensation Commission

Your employer or its claim administrator is supposed to report the injury to the Commission. But I’ve seen too many cases where employers “forgot” or filed incomplete reports.

File your own claim using Form 5 (Claim for Benefits). You can do this online through the Virginia Workers Compensation Commission website, by mail, or in person at the Commission’s Richmond headquarters.

Completing your own claim:

• Will create an official record of your injury.

• Starts the clock on the insurance company’s obligation to respond.

• Protects you if your employer does not report the accident timely or accurately.

• Demonstrates you’re serious about pursuing benefits.

The statute of limitations for filing a workers comp claim in Virginia is two years from the date of injury. But filing early protects your interests and prevents “lost” paperwork from destroying your claim.

Organize Your Paperwork

Create a dedicated folder – physical or digital – with everything related to your claim:

• Copies of all written communications (emails, letters, texts)

• Medical records and bills

• Photos of the accident scene and injuries

• Witness contact information

• Pay stubs from before the injury

• Pay stubs from after the injury if you’re able to return to work

• Your written account of how the accident happened

• The letter offering a panel of physicians

• Any forms you’ve filed with the insurance company or the Workers Compensation Commission

This organization will save you headaches later and give your attorney (if you hire one) everything they need to fight for you.

Understand What Benefits You May Be Entitled To

Virginia workers compensation provides several types of benefits:

• Medical Benefits: Your employer must pay for all reasonable and necessary medical treatment related to your work injury. No copays, no deductibles, no time limit.

• Temporary Total Disability (TTD): If you can’t work at all, you receive 66⅔% of your pre-injury average weekly wage (subject to maximum and minimum rates in place on the date of your accident).

• Temporary Partial Disability (TPD): If you can work but earn less due to restrictions, you receive 66⅔% of the difference between your pre-injury wage and what you’re currently earning.

• Permanent Partial Disability (PPD): If you suffer permanent impairment to certain body parts, you may receive cash benefits based on the impairment rating and the body part injured.

The insurance company does not have to explain these benefits to you. They’re hoping you don’t know what you’re entitled to.

Consider Whether You Need an Attorney

Not every claim requires a lawyer. If your injury is minor, your employer is cooperative, and the insurance company accepts your claim without dispute by offering an Award Agreement form, you may be able to handle things yourself.

But you should consider hiring an attorney if:

• The insurance company denies your claim or delays a decision.

• Your employer disputes that the injury happened at work.

• You have pre-existing conditions or past surgeries involving the same body part.

• The injury is severe (surgery, extended time off work, permanent impairment). Even if the insurer accepts the claim initially, you may find the cooperation slows down the longer you are disabled from work.

• You’re not receiving the benefits you’re entitled to.

• The insurance company wants a recorded statement.

• You’re being pressured to return to work before you’re ready.

• You’re confused about your rights or the process.

Workers comp attorneys in Virginia work on contingency – you don’t pay unless you win. The consultation is free. There’s no downside to getting professional advice about your situation.

What NOT to Do in the First 48 Hours

Don’t minimize your symptoms. If it hurts, say so. “I’m fine” turns into evidence at your deposition or the hearing that you weren’t really injured.

Don’t post on social media. Insurance companies check claimants’ Facebook, Instagram, and TikTok accounts. That photo of you smiling at a family dinner can be used to argue you’re not really in pain.

Don’t sign anything from the insurance company without understanding exactly what you’re signing. You may be waiving important rights.

Don’t discuss your claim with coworkers. Anything you say can get back to your employer or the insurance company.

Don’t exaggerate or lie. Be honest about your symptoms, how the injury happened, and your medical history. Fraud allegations or accusations of malingering can destroy an otherwise valid claim.

Don’t assume your employer has your best interests at heart. Even good employers look out for their profits or insurability first.

Straight Answers to the Questions I Get in the First 48 Hours

Do I have to give the insurance adjuster a recorded statement?

No. You do not have to give a recorded statement. The adjuster may suggest otherwise – they’re wrong. Do not agree to one without talking to an attorney first. Adjusters are trained to ask questions designed to create inconsistencies, minimize your injury, or find facts that support a future denial.

How long do I have to report the injury to my employer?

Virginia law gives you up to 30 days to report a workplace injury to your employer. See Virginia Code Section 65.2-600. But waiting even hours can hurt your case, because it allows the employer and its insurance carrier to question your credibility and whether the incident even happened on the clock. More on the 30-day notice rule.

How long do I have to file a claim with the Commission?

Two years from the date of the accident, under Virginia Code § 65.2-601. That deadline is jurisdictional: miss it and the Commission loses the power to hear your case, and it will dismiss on its own without the employer having to raise it. And filling out your employer’s incident report is not the same as filing a claim. Reporting an injury to your employer does not stop the statute of limitations. Every Virginia workers comp deadline is here.

Who picks my doctor?

You do. Your employer must provide you with a panel of at least three physicians from different medical practices, and you choose which one becomes your authorized treating physician. Do not let your employer or the insurance company pressure you into choosing a specific doctor. If you have any doubt about who to choose, call a workers comp attorney before selecting one.

What if the injury is serious?

Head trauma, broken bones, severe bleeding, chest pain, difficulty breathing: call 911 or have someone take you to the emergency room. Do not wait for permission from your supervisor or Human Resources.

The Bottom Line

The first 48 hours after a workplace injury set the foundation for everything that follows. Report the injury, get proper medical treatment, document everything, protect yourself from insurance company tactics, and file your claim with the Commission.

If you’ve been hurt at work in Virginia – whether in Chesterfield, Henrico, Newport News, Virginia Beach, Harrisonburg, or elsewhere – and have questions about your rights, call my office at (804) 251-1620 for a free consultation. I’ve helped thousands of injured workers navigate this process and recover the benefits they deserve.

The insurance company has lawyers. You should too.

About the authorCorey Pollard is a Virginia workers’ compensation and Social Security Disability attorney in Richmond. Best Lawyers in America® (2020–2026), $100M+ recovered, and a former insurance defense lawyer — which is the part that matters.