Hurt at work in Fredericksburg? You could be eligible for Virginia workers’ compensation benefits. These benefits can provide crucial support by covering medical treatment, replacing a portion of your lost wages, and providing disability benefits while you heal.
Virginia law requires employers with more than two employees to carry workers’ compensation insurance to cover job-related injuries and occupational diseases. Unfortunately, many eligible workers still encounter obstacles when applying for benefits. That’s where an experienced Fredericksburg workers’ compensation lawyer from Trollinger Law LLC comes in.
Our law firm has been handling workers’ compensation cases for years, and we know the common pitfalls that lead to delays and claim denials. We know what it takes to build a persuasive case showing why you deserve benefits — and we’re ready to fight back if the insurance company won’t play fair.
Call or contact our office today to arrange a free consultation with a member of our legal team.
What Is Workers’ Compensation in Virginia?
Workers’ compensation is an insurance program mandated by Virginia law. This program provides injured employees with access to medical benefits and partial wage replacement for job-related injuries, regardless of fault. In exchange for these no-fault benefits, employees cannot sue their employer for their injuries.
Most Virginia employees qualify for workers’ compensation benefits if their injury or illness arises out of or occurs while performing job duties.
Common Workplace Accidents and Injuries in Fredericksburg
Most people never expect to suffer a work injury, but they can happen anywhere. Whether you work in a quiet office setting or at a busy construction site, you are susceptible to work-related injuries from a variety of sources.
Common causes of workplace accidents in Fredericksburg include:
- Slips, trips, and falls
- Falls from heights
- Being struck by falling objects or equipment
- Caught in/between incidents
- Electrocution
- Lifting incidents
- Equipment-related accidents
- Heavy machinery accidents
- Fires and explosions
- Motor vehicle accidents
- Toxic exposures
- Workplace violence/assault
These accidents can result in injuries that range from catastrophic to mild, such as:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Back injuries
- Neck injuries
- Shoulder injuries
- Crush injuries
- Amputation
- Burns
- Electrocution
- Broken bones
- Tendinitis
- Internal organ damage
- Internal bleeding
- Lacerations
- Respiratory conditions
- Hearing loss
- Vision loss
- Exposure to infectious diseases
- Cancer from exposure to asbestos or other materials
In general, Virginia workers’ compensation laws do not allow employees to recover workers’ comp benefits for psychological injuries. However, limited exceptions may apply, such as when the emotional injury is tied to a compensable physical injury or arises from employment in a high-stress occupation, such as law enforcement or firefighting. If you’re suffering from mental stress related to your job, a work injury lawyer in Fredericksburg, VA, can evaluate your situation and discuss your legal options.
What Benefits Can Injured Workers Receive?
Workers’ compensation benefits in Fredericksburg are intended to help injured workers treat their injuries and get back to work. You may be entitled to benefits like:
- Medical treatment: Reasonable and necessary medical expenses to treat your work injury from an authorized doctor. Benefits may cover doctor visits, hospitalizations, physical therapy, medical tests, prescription drugs, prosthesis, and mileage to and from authorized medical visits.
- Temporary total disability benefits (TTD): Partial wage replacement if you cannot work or your doctor prescribes restrictions that prevent you from working. Minimum and maximum rates apply.
- Temporary partial disability benefits (TPD): If you return to light duty or to a job that pays less than your pre-injury wages, temporary partial disability benefits supplement the loss of earnings because of job restrictions.
- Permanent total disability benefits (PTD): If you are totally paralyzed, lose the use of more than one of your hands, feet, arms, legs, or eyes, or suffer a head injury so severe that you can no longer work at all, PTD benefits may be paid for the rest of your life.
- Permanent partial disability benefits (PPD): If an injury results in the loss of use of an extremity, loss of vision or hearing, amputation, or lung disease, and the injured worker’s doctor assigns an impairment rating, the worker can receive permanent partial disability benefits.
- Vocational rehabilitation: In some instances, an injured worker may qualify for vocational evaluation, counseling, job retraining, education, and on-the-job training.
Steps to Take After a Workplace Injury
Follow these steps if you suffered an on-the-job injury in Fredericksburg:
- Seek immediate medical attention. In non-emergency situations, you must see a provider on your employer’s panel of physicians, if one has been properly provided.
- Report your injury to your employer. Notify your employer as soon as possible, but no later than 30 days from the date of the injury.
- Identify witnesses. If a co-worker or supervisor saw the accident, ask them to provide a witness statement.
- Write down what happened. Record every detail you can remember about the accident: where it occurred, how it happened, what part of your body was injured, and any contributing factors.
- Gather copies of your pay stubs. This information will be important for wage-loss calculations.
- Follow all your doctor’s orders. Obey the work restrictions you’re given.
- Keep copies of all your medical records, medical bills, receipts, and mileage expenses. Applying for workers’ comp is a document-heavy process that requires considerable evidence.
- Consult a seasoned workplace accident lawyer in Fredericksburg. An experienced workers’ compensation attorney can present a solid claim to the insurance company, address any disputes, and represent you in the appeals process if necessary.
How to File a Workers’ Compensation Claim in Virginia
To file a workers’ compensation claim, you must submit a claim form to the Virginia Workers’ Compensation Commission. This step must be completed within two years of the accident date or the date the injury was discovered.
In the form, you will describe where, when, and how the injury occurred and which part of your body was affected. You must note which benefits you’re requesting.
File the claim form online or mail it to the Virginia Workers’ Compensation Commission at 333 E. Franklin St., Richmond, Virginia 23219. You can also deliver your claim form by hand to any VWC office or fax it to VWC at 804-823-6956.
If you have questions about how to fill out the claim form or the supporting documents you need for a robust claim, seek guidance from a Fredericksburg workers’ comp attorney right away.
Can a Workers’ Compensation Claim Be Denied?
Yes. Your employer, their insurer, or the Commission can deny a workers’ comp claim.
Common reasons for workers’ comp denials include:
- Failure to notify the employer in a timely way
- Failure to file the claim by the two-year deadline
- Insufficient proof that your condition is work-related
- Disputes over inconsistent or incomplete medical records
- Disagreements over a pre-existing condition or what caused the injury
You don’t need to wait for a denial to seek legal guidance. An experienced workers’ compensation lawyer can help prepare and file your claim, as well as respond if your employer’s workers’ compensation insurer raises questions about your claim.
How a Fredericksburg Workers’ Compensation Lawyer Can Help
We work to live. When a job injury sidelines you, the personal and financial consequences can create real hardships. The Virginia workers’ compensation system was designed to prevent these problems, but unfortunately, it doesn’t always work the way it should.
If you need help applying for benefits or are struggling with an insurer over benefits that you rightfully deserve, speak to a Virginia workers’ compensation attorney from Trollinger Law LLC today.
When we take your case, we’ll listen to you, give you honest advice, and help you figure out what comes next. Your well-being matters to us, and we’ll start by getting to know you and listening to your story.
When it comes to our legal representation, our attorneys are aggressive and steadfast advocates with a track record of positive case results for clients in the jurisdictions we serve. Some of our past results include numerous six-figure settlements for injured employees.
With over 300 positive Google reviews, past clients have praised Trollinger Law LLC for our responsiveness, effectiveness, and empathy. Here’s what they have to say:
“The experience I had with Trollinger Law was great. They were very helpful in guiding me through a workman’s comp case. I ended up getting more than I expected. The staff were very informative and knowledgeable. I hope to never need them again, but if I need a lawyer again they will be my first call.”
— Mike Gray
“I just want to say thank you Matt and your team for everything they’ve done for me over the past couple of months. Everyone at Trollinger Law was friendly, helpful, and transparent. The Trollinger Law team left no question unanswered, and made sure I received everything I was entitled to. I greatly appreciate all you, and if you need a law firm for your accident. This is the one!!!”
— De’Angelo King
Schedule a Free Consultation Today
When you need a workplace accident lawyer in Fredericksburg, VA, reach out to the team at Trollinger Law LLC. From the moment you call our office until your case is closed, you’ll be a priority. We’ll respond to your calls promptly, answer your questions, and keep you updated throughout the claims process.
Our legal team can take all the stress associated with handling your own workers’ comp claim off your shoulders. Call or contact us today for your free consultation.
