Virginia Workers’ Compensation – Laws and When You Need an Attorney

United States laws protect employees’ rights while working on the job, and Virginia is no exception. If you were hurt while working, you can submit a legal claim and go through the Virginia workers’ compensation process.

According to Virginia’s Workers’ Comp Commission, 106,102 injuries were reported in 2022, about a third of which were fatal.

Virginia sustains an irregular amount of injuries in the workforce, and there’s a real risk you won’t get approved the first time you submit a claim. Seek the right workers’ comp attorney within your state to assist you in your case.

How Does Virginia Workers’ Compensation Work?

If you sustained work-related injury or illness, Virginia workers’ compensation covers the losses directly caused by such injuries. Most Virginia employers are mandated to carry workers’ compensation insurance for their employees.

IMPORTANT: Virginia employers cannot against their workers when they file a workers’ compensation claim. Such actions are protected by state and federal law.

If you are injured at work, you must first report your injury to your employer. Then, receive a list of medical providers from your employer.

Tell your doctor this was a work-related injury and save all medical documents. Don’t worry about getting charged, because Virginia physicians are unable to charge for work-related injuries at the time of accident.

“No physician, hospital, or other health care provider as defined in § 8.01-581.1 shall balance bill an employee in connection with any medical treatment, services, appliances, or supplies furnished to the employee in connection with an injury…”

–Va. Code Ann § 65.2-714(D)

If your employer or insurance carrier doesn’t respond, contact the Virginia Workers’ Compensation Commission for further clarification.

Employees have 30 days to report their injury to their employer, but it’s best to report as soon as possible. Employees must file a claim with the Virginia Workers’ Compensation Commission (VWCC) within two years from the date of injury.

Types of Workers’ Compensation Benefits You May Qualify For

There are multiple types of benefits you may be awarded if your Virginia workers’ comp claim is successful. Even though non-economic damages like pain and suffering are not awarded, multiple awards from your losses may be available to you:

• Medical benefits—covers health-related costs such as hospital bills, prescriptions, physical therapy, medical tests, prostheses, etc.
• Wage replacement—covers full or partial wages lost during your recovery.
• Mileage reimbursement—for travel to and from doctors. Current Virginia rates for mileage reimbursement can be found here.
• Temporary partial or total disability benefits—employees may get temporary partial or full disability benefits for wage replacement.
• Permanent partial or total disability benefits—employees may earn permanent disability benefits for ongoing wage replacement depending on the severity of the injury.
• Vocational rehabilitation—workers may receive rehabilitation services to help them gain new skills to re-enter the workforce.
• Death benefits—accidents resulting in a worker’s death may provide benefits of funeral or burial expenses for the dependent such as the spouse, child(ren), or other relatives.

Virginia workers’ comp generally doesn’t provide non-economic damages, but may have other benefits depending on your injury. Thus, contact a workers’ comp attorney and see if you qualify for a claim.

Who is Required to Carry Workers’ Compensation in Virginia?

A business with more than two workers is mandated to carry workers’ compensation insurance. VWCC states that employees viewed broadly under workers’ comp law involve:

• Part-time workers
• Seasonal employees
• Temporary workers
• Minors and trainees
• Immigrants
• Working family members

Contract workers or other companies hiring subcontractors are counted when adding their number of employees to assess coverage. Coverage is needed if the total of contractors and subcontractors adds up to two or more.

Regardless of whether the contractor has workers’ comp coverage, employers may apply for workers’ comp through—a commercial insurer, self-insurance, a group of self-insurance companies, or a professional employer business.

What to Do When Injured on the Job

When you’re injured on the job, immediately let your employer know so they contact medical help. After being treated by a doctor, you should inform them that your injury was work-related.

Have all medical statements and bills saved as evidence to file a workers’ comp claim. If you hire an attorney, they’ll need as much evidence as possible to bolster your case.

Consider hiring a workers’ compensation lawyer to assist you in the claim process to seek a higher settlement offer.

How to File a Virginia Workers’ Compensation Claim

Your employer must file with the Virginia Workers’ Compensation Commission as soon as possible and no later than 10 days.

Although your employer may report the accident and compensate for lost wages or medical expenses, the employee must file the claim themselves.

Failure to report the accident could result in your claim being denied. You may file your claim through these methods:

• In-person: Complete the Claim for Benefits Form and deliver it to any Virginia office location. All visitors, including attorneys, parties, and witnesses, must present photo identification to enter Commission facilities.
• Mail: You can report your claim and mail it to the Virginia Workers’ Compensation Commission at: 333 E. Franklin St., Richmond, VA 23219.
• Fax: You can fax your form to 804-823-6956.
• Webfile: Use your JCN and PIN to create a WebFile account. You can then file a claim with the Commission online.

If your employer is not taking necessary action, you must send VWCC a written request for a hearing or call them at 1-877-664-2566 for assistance. Contact a workers’ comp attorney to sue if your employer does not fulfill their responsibilities for your claim.

Is There a Time Limit for Filing a Virginia Workers’ Compensation Claim?

The time limit to file a Virginia workers’ comp claim is two years from the date of injury. The timeline also starts when your employer was informed of your work-related injury/illness.

However, there are some exceptions to the statutes of limitations, you should seek legal guidance if your case is complex.

What Injuries Does Virginia Workers’ Comp Cover?

Virginia’s workers’ comp covers a broad range of injuries which are not limited to:

• Slips, trips, or falls
• Struck by foreign objects
• Equipment malfunctions
• Overexertion injuries
• Broken bones or ligaments
• Burns injuries
• Permanent disfigurement
• Occupational illness from respiratory, skin conditions, or hearing loss

According to the U.S. Bureau of Labor Statistics, 2021 data on Virginia’s fatal occupational injuries amounted to 125 incidents. About 39 transportation accidents occurred during that time as well.

What Conditions are Not Covered Under Virginia Law?

Some conditions not covered under Virginia workers’ comp law are:

• Repetitive movements—unless you can prove your job directly caused your injury.
• Ordinary illnesses—unless you prove your occupation made your ordinary illness worse.
• Misconduct—horseplay, illegal actions, or injuries caused by using drugs and alcohol are not covered.
• Injuries occurring during lunch breaks are not covered.

If you’re wondering whether your injury is covered under Virginia workers’ compensation, always consider the course and scope of your employment.

Handling a Workers’ Comp Appeal in Virginia

If your employer or their insurance denies your workers’ comp claim, you may file an appeal with the VWCC. The deadline to file an appeal is within two years from the date of injury.

Submit a formal request with supporting evidence and documents. You’ll get to attend a hearing with the Deputy Commission to defend your case.

If you disagree with the Deputy Commission’s verdict, you may appeal to the Full Commission within 30 days.

You must file the written notice of appeal and pay an appeal bond ($500) and filing fee ($50). If you disagree with the Full Commission, you can appeal to the Supreme Court.

To build a strong appeal, have a workers’ comp attorney guide you through the process by gathering evidence, timesheets, medical reports, etc.

What if Your Injury Prevents You From Working?

If your injury prevents you from working any jobs your employer provides, you may be entitled to temporary total disability benefits. You’ll receive about two-thirds of your salary or pay until your doctor releases you to return to work.

However, if you are permanently disabled with no further recovery, you may receive permanent total disability (PTD) benefits. To qualify for PTD, the injured worker must prove they can’t return to suitable employment through proper medical examination.

PTD benefits differ from workers’ comp benefits, which are limited to 500 weeks at most.

Contact an experienced workers’ compensation attorney to assist you with your settlement. Insurance companies often detest PTD claims due to heavy long-term expenses and high benefits. You may need the legal pressure from an attorney to make sure you get what you’re owed.

Can You Be Fired While on Workers’ Comp in Virginia?

Due to Virginia’s status as a right-to-work state, it’s entirely possible to be fired while on workers’ compensation. They cannot fire you just because you filed a workers’ comp claim, but employers reserve the right to fire you for any legal reason.

Even so, there are certain limits to this right, such as:

• Retaliation—no employer can fire an employee solely for filing a workers’ compensation claim. This right is protected by state law under Virginia Code Section 65.2-308.
• Discrimination—discriminating against employees is illegal, thus you can sue if you believe that’s their reason.
• Family Medical Leave (FMLA)—applying for FMLA while on workers’ comp and meeting the criterion can hold your job for 12 weeks.
• Violate public policy—such as filing workers comp claims or testifying for coworkers.

Even when you are fired, your workers’ comp benefits should continue as long as your reimbursement is in effect. You should also receive compensation for lost wages due to your work restrictions or if your employer cannot provide alternate work for you to fill.

Virginia is an at-will employment state meaning employers may fire their employees for any reason except for illegal causes. However, employers violating workers’ comp laws may be penalized, fined, or charged with misdemeanors.

Is it Possible to Quit While on Workers’ Compensation?

You may quit while on workers’ comp, but it’s advisable not to since you may lose your wage benefits. If you resign, you may receive medical benefits depending on the severity of your injuries.

Also, leaving your job and working elsewhere may negatively impact your chance for approval when applying for workers’ comp benefits. Consult with your lawyer to see your options.

Can You Sue Your Employer While on Workers’ Comp in Virginia?

You can’t sue your employer while obtaining workers’ comp benefits because you forfeit the right to sue when accepting workers’ comp. You may not sue for the same injury against your employer.

There’s a chance to sue if your cause of injury resulted from an intentional tort like assault or battery committed by your employer directly.

Find a Virginia Workers’ Compensation Attorney With LegalASAP

Find a workers’ comp attorney in Virginia with LegalASAP and seek legal guidance on filing claims or appeals. Most work-related injury cases involve thousands of dollars in medical bills. Seek an attorney to help you acquire compensation for your loss.

Complete a free brief consultation form here if you’re wondering if you qualify for a workers’ comp claim. Contact us for questions or inquiries at, 888-927-3080.