A Guide to Workers Comp Claims and Settlements for Nurses

 

Our Work Injury Lawyers Help Injured Nurses and Healthcare Employees Win Their Claims and Negotiate Lump Sum Payouts

 

Attorneys for Injured Nurses

Our lawyers help injured nurses obtain workers compensation benefits and settlements.

 

Workers in the healthcare sector face a disproportionate number of work-related injuries and diseases, and Virginia nurses are not the exception.

 

As a nurse, you dedicate your life to patient care, often at great personal risk. You provide care when others are sick and hurt and give emotional support to injury victims and their families.

 

But sometimes, nurses become the injured person who needs help.

 

Whether you are a registered nurse (RN), licensed practical nurse (LPN), certified nursing assistant (CNA), or nurse practitioner, you face unique workplace hazards—from lifting patients to exposure to infectious diseases to violence from mentally ill patients.

 

Fortunately, you can seek workers compensation benefits under Virginia law when injuries or illnesses occur in a hospital, an assisted living facility, a medical practice, or even while traveling and attending to a patient at home.

 

Our work injury law firm advocates for nurses injured or made ill due to their work. We understand the nuances of the Virginia Workers Compensation Act. And our team commits itself to helping you navigate the system to secure the benefits or workers comp settlement payout you deserve.

 

Common Nursing Injuries

 

As a nurse working in Virginia’s healthcare sector, you will encounter a variety of occupational hazards. Some of the most common injuries we have helped nurses obtain workers comp benefits and settlements for include:

 

 

      • Slips, trips, and falls: Wet floors, cluttered hallways, and hurried environments (especially the operating room) increase the risk of falls.

 

      • Needlestick injuries: Accidental punctures can expose nurses to bloodborne pathogens.

 

      • Exposure to infectious diseases: Nurses risk contracting COVID-19, Hepatitis, MRSA, and other illnesses that pass by blood, air, or other fluids.

 

      • Toxic exposures: Nurses are sometimes exposed to radioactive materials, waste, and drugs.

 

      • Workplace violence: Aggressive patients or visitors can cause physical harm. One study found that more than 90% of survey respondents said their healthcare practice had experienced workplace violence in the past three years.

 

These injuries can be acute or develop over time, but all may qualify for benefits under Virginia workers compensation law.

 

Who Qualifies for Virginia Workers Compensation 

 

Under Virginia law, workers compensation insurance is a mandatory requirement for most employers.

 

Any business that employs more than two part-time or full-time workers must carry this coverage.

 

Hospitals and medical practices are no exception. Most, if not all, businesses and organizations employing nurses will need to provide workers comp coverage to their employees.

 

Covered claims generally fall into two categories under the Virginia Workers Compensation Act: “Injury by accident” and “occupational disease.”

 

As an injured nurse trying to recover benefits under a compensable injury by accident theory, you must prove the following:

 

      • The injury must occur at work or while performing a work-related task. Basic tasks such as adjusting a television, making the bed, or standing up after sitting on a chair in a patient’s room can be work-related. Our lawyers have won workers comp cases for nurses who suffered injuries doing these types of things.

 

      • It must result from a specific work activity or incident.

 

      • It must happen at a reasonably definite time, not over an extended period.

 

      • It must cause a sudden structural change in the body. Though this seems like a significant hurdle, common injuries such as bruises and sprains are structural changes.

 

An occupational disease is also potentially covered, but to qualify, it must:

 

      • Be caused directly by the conditions of your job.

 

      • Not involve a condition commonly affecting the back, neck, or spine.

 

Injuries and medical impairments caused by gradual wear and tear or repetitive motion are generally not covered as “injuries by accident” or “occupational diseases.”

 

However, you can receive lifetime medical care and disability benefits for degenerative disc disease of the spine or degenerative joint disease if you prove that your “injury by accident” aggravated or exacerbated a chronic condition that was asymptomatic before the incident.

 

Workers Compensation Benefits for Nurses in Virginia

 

Virginia’s workers compensation system provides several benefits to injured workers, including nurses.

 

Medical Benefits

 

Under Virginia Code § 65.2-603, employers must provide necessary medical treatment to injured employees. This treatment includes:

 

    • Choosing a physician from a panel of at least three doctors selected by the employer.

 

    • Providing free medical care, including hospital services, surgeries, physical therapy, and prescription medications.

 

    • Furnishing prosthetic or orthotic devices if the injury results in the loss of use of a body part.

 

These medical benefits are provided at no cost to the injured nurse and are essential for recovery.

 

Wage Replacement Benefits

 

If disability from your injury leads to wage loss, you may receive the following income replacement benefits:

 

    • Temporary Total Disability (TTD): If your doctor states you cannot work for a specific period due to your injury, you may receive two-thirds of your pre-injury average weekly wage (AWW), subject to the maximum compensation rate in effect when you were hurt.

 

 

 

    • Permanent Total Disability (PTD): You may qualify for lifetime wage replacement benefits if the injury results in permanent total disability. This level of compensation is reserved for the most severe injuries—those that permanently prevent an individual from returning to any gainful employment. For example, PTD may involve the loss of both hands, both arms, both feet, both legs, or both eyes, paralysis due to a spinal cord injury, or traumatic brain injury.

 

It’s important to note that there is a waiting period: no wage loss compensation is payable for the first seven calendar days of incapacity. However, compensation will commence on the eighth day if incapacity extends beyond that period. If incapacity continues for more than 21 days, compensation for the first seven days is also payable.

 

Also, you can combine wages from substantially similar employment you had when you were hurt.

 

For example, many of the injured nurses I represent in Virginia have a full-time nursing job and pick up part-time shifts with other healthcare systems.

 

You can combine wages from these two employers and seek wage loss benefits if the work-related injury allows you to return to one nursing job but not the other.

 

Cost of Living Adjustment (COLA)

 

In Virginia, injured workers or surviving dependents receiving temporary total disability, permanent and total disability, or death benefits may receive an annual Cost-of-Living Adjustment (COLA).

 

COLA offsets the impact that inflation has on wage replacement benefits.

 

To qualify for COLA in a given year, the combined amount of your workers compensation payments and any Social Security disability benefits must total less than 80% of your average weekly wage at the time of the injury. If this threshold is met, you may receive an annual increase in your compensation to help maintain your standard of living.

 

Vocational Rehabilitation

 

You may be eligible for vocational rehabilitation services if your injury prevents you from returning to your previous job. These services can include job training, education, and job placement assistance to help you transition to new employment.

 

Death Benefits

 

If a work-related injury or occupational disease results in death, Virginia workers compensation law provides benefits to surviving family members.

 

Eligible dependents—such as a surviving spouse, children, or certain other financially dependent relatives—may receive wage loss replacement benefits to help offset the loss of income.

 

In addition, the employer or insurer is responsible for covering funeral and transportation expenses up to the limits set by the Virginia Workers Compensation Act: “The employer shall also pay burial expenses not exceeding $10,000 and reasonable transportation expenses for the deceased not exceeding $1,000.”

 

Challenges Nurses Face in the Workers Compensation System

 

While workers compensation’s purpose is to support injured workers, nurses often face unique challenges:

 

    • Delayed or denied claims: Insurance companies may dispute the cause of the injury or the extent of the disability.

 

    • Pressure to return to work prematurely: Employers may push for a quick return, potentially jeopardizing recovery.

 

    • Difficulty accessing appropriate medical care: Limited provider networks or delays in authorization can hinder timely treatment.

 

    • Fear of retaliation: Nurses may worry about job security or workplace relationships if they file a claim. Large health systems continue to consolidate medical practices, limiting options for lateral employment.

 

Navigating these challenges requires experienced legal representation to ensure your rights are protected.

 

Virginia’s Workers Compensation Lawyers for Injured Nurses

 

Our firm helps Virginia nurses obtain the compensation benefits and lump sum settlements they deserve.

 

We have helped hundreds of nurses like you take on Virginia’s largest healthcare systems (HCA, Bon Secours, Inova, Carilion, Riverside, and Sentara) – and win their workers comp claims or negotiate nursing injury settlements. Our firm even won a case of first impression for a nurse – Posttraumatic Stress Disorder (PTSD) from exposure to Covid patients early in the pandemic.

 

We understand the nuances of the Virginia Workers Compensation Act and how it applies to each particular type of nursing practitioner. And we will take the time to understand your unique situation and tailor our settlement and litigation strategy to your needs.

 

Our team of attorneys is passionate about recovering workers compensation for injured nurses. We work on a contingency basis, meaning you pay no fees unless we win your case.

 

Steps to Take After a Nursing Injury in Virginia

 

If you’ve been injured on the job, it’s crucial to take the following steps:

 

  • Report the injury: Notify your employer immediately in writing and no later than 30 days after the incident. You can use our sample work injury letter as a template. Your supervising nurse or the head of nursing for your department is the appropriate person to report the injury to. 

 

  • Seek medical treatment: Choose a physician from the panel provided by your employer and follow all medical advice. If you ignore the panel and receive treatment from someone else, you risk paying for that treatment out-of-pocket. This scenario is more common with injured nurses than other types of employees because nurses often know more about the reputation of doctors than the general public.

 

  • Consult with an attorney: Contact a workers compensation lawyer who has successfully resolved cases for nurses against the largest healthcare systems in Virginia to discuss your legal options (you may have a third-party action against the person or company whose intentional act or negligence harmed you) and protect your rights.

 

 

Contact Our Workers Compensation Attorneys for Injured Nurses Today

 

If you’re a nurse in Virginia who has been injured or made ill due to your work, don’t navigate the workers compensation claim process alone. Let us help you get the care and compensation you deserve.

 

Call us at 804.251.1620 or email us at cpollardjba@gmail.com to schedule a free consultation with one of our workers compensation attorneys specializing in nursing accidents and injuries.

Corey Pollard
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