Free Virginia Workers' Compensation FAQs | Free Virginia Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Virginia employers with three or more full or parttime employees are subject to the Workers` Compensation Act. There are certain restrictions to this rule where some employees may be employers may be exempt. Almost everyone working for another under a contract of hire or in an apprenticeship is considered an employee.

Sole proprietors and partners are considered owners of businesses and are not covered by workers` compensation. However, sole proprietors and partners may elect to obtain coverage for workers` compensation liability by purchasing insurance.

Members of a limited liability company (LLC) are considered to be owners of a company and are not covered by workers` compensation unless specifically covered by an insurance policy or either elected or appointed as a manager. The manager of an LLC is treated as a corporate officer under the Act.

A corporation`s officers may choose to reject workers` compensation coverage for accidents, but not for occupational diseases. To do so, officers must file a Notice of Rejection with the insurer and with the Commission. If the officers are paid regularly, they are nevertheless counted as employees to determine jurisdiction under the Act.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Under any circumstances you should notify your employer of any work related injury as soon as possible. Any delay may result in a loss of workers` compensation benefits.

In Virginia, an employee must file a claim with the Workers` Compensation Commission within two years from the date of the accident or any right to benefits may be lost. The employee must file a claim even if the employer filed reports with the Commission.

Claims for an occupational related disease must be filed within two years from the date the doctor tells the employee the disease is work related, or five years from the date the employee was last exposed to the work condition causing the disease, whichever is sooner.

If after returning to work, you are again disabled, you must file a claim within two years of the date for which you were last paid compensation under an award. (This is called a change in condition.) Payment only goes back 90 days from the date of filing with the Commission.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

In Virginia, you can choose the doctor of your choice but it must be selected from a panel of three provided by the employer or insurance carrier. You may not change doctors without employer or insurance carriers permission or after a hearing by the Workers` Compensation Commission.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If your employer offers you some type of employment, you should accept it. Failure to accept employment within your medical restrictions may result in a loss of benefits.

If the injured employee cannot return to regular work and is given a light duty job at a lower wage, benefits are 2/3 of the difference between the preinjury wage and the current pay up to the maximum weekly limit. Cost of living supplements are not paid on temporary partial benefits.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you are denied benefits talk with your employer`s insurance carrier or your employer to find out why your claim is denied. Sharing information or obtaining medical records can often resolve disputes.

If the employer or insurance carrier denies the claim or refuses to make certain payments, this does not mean you are not entitled to benefits. It only means that the benefits will not be voluntarily paid. You should contact the Virginia Workers` Compensation Commission at the address or phone number listed below.

The Workers` Compensation Commission may hold a hearing, and the commission makes the final decision whether the employer must pay for the injury or disease.

Workers` Compensation Commission
1000 DMV Drive, Richmond
Virginia 23220.
(804) 3678600 or 18776642566

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

While temporarily unable to perform any work, an employee is entitled to 2/3 their gross average weekly wage up to a set maximum weekly limit. There must be seven days of disability before benefits are payable. If disabled for more than three weeks, the employee receives payment for the first seven days. Benefits cannot exceed 500 weeks unless the person is totally and permanently disabled.

A person receiving temporary total, permanent total or death benefits is entitled to cost of living increases effective October 1 of each year if the date of the accident is prior to July 1 of that year and if the combination of compensation and Social Security benefits are less than 80% of the preinjury earnings. The employee must specifically request cost of living increases.

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