As you deal with a workplace injury, it can be overwhelming to know what to do. You might be wondering what to expect if you file a workers’ comp claim and what to do if your employer denies it. Thankfully, a workers’ compensation attorney in Virginia can take most of the burden off your shoulders and educate you about how workers’ comp works.
Understanding Workers’ Compensation in Virginia
Companies in Virginia that have at least three employees should carry workers’ compensation insurance, meant to protect both employers and employees when injuries occur. The employee count includes Limited Liability Corporation members and corporation officers. But, the count does not include sole proprietors and partnership members.
You File Workers’ Comp Claim: What Now?
If you want to file a workers’ comp claim, you need to report your injury, seek medical treatment, and call a workers’ comp attorney. Your lawyer will ensure you don’t overlook things when filing your claim and help you make the most out of it.
Once your employer is notified about your injury and intention to file a claim, a Form WC-22 should be filed. This form serves as the answer to your claim. Often, your employer’s attorney and insurance company will prepare the form. They should be able to file it in the state’s workers’ comp agency within thirty days.
What If Your Employers Denies Your Claim
After you file a claim, you just have to wait a few weeks and you will know whether your employer accepts or denies your claim. A denial from your employer does not mean a denial from the workers’ comp agency. But, because of this denial, you could face more complexities. Thankfully, you still have chances of getting benefits. You must contact an attorney for a consultation, so you can have a legal representative when disputing the denial.
If you don’t fight your claim, you could be dealing with expensive medical bills, lost income, and missed work without any hopes of compensation. An experienced lawyer will help you challenge the denial successfully, giving you the chance to receive compensation for your expenses and time lost at work.
When Can You Get Your Benefits?
Workers’ comp benefits include medical care and non-medical benefits. Medical benefits can be provided right after you file your claim. Meanwhile, to start getting non-medical benefits such as lost wages and pain and suffering, you need to get your claim accepted first. You should be able to prove your entitlement to these benefits to start receiving them.
