How Can You File a Claim for Workers’ Compensation in Virginia?

To safeguard their entitlement to benefits under Virginia law, an injured worker must initiate a claim with the Virginia Workers’ Compensation Commission, regardless of any prior employer or claim administrator payments for missed work or medical treatment related to the injury.

Injured Workers Law Firm, in Virginia, is a well-reputed law firm where you can get legal advice if you are ever injured in your workplace. 

Let us discuss this in the post about the claims process. Filing a workers’ compensation claim in Virginia involves several essential steps. The following are the steps involved:

  • Report your injury to the employer.  

Initiating the process is crucial, as it is the initial report of your work-related injury incident. Notify your employer promptly, providing thorough details. 

You have 30 days to submit this written notice, but you should inform your supervisor immediately for a swift response.

  • File a claim form.

Informing your employer is the first step, you must notify the State of Virginia via the Virginia Workers’ Compensation Commission about your work-related injury. To do this, you must complete a Commission claim form.   

  • Your employer will then file a report of the accident. 

Your employer must also report your injuries appropriately, whether you report them or not.

  • You may get a call from an insurance adjuster.

When the insurance company is notified, they may request a recorded statement and offer physician choices for medical care. Consulting a workers’ compensation attorney before speaking to the insurer is advisable to ensure protection, as insurers might seek reasons to deny claims.

  • The commission gives the insurer 20 days to respond.

Once the Virginia Workers’ Compensation Commission is informed of your injury, they issue a “20-day order” to the insurance company, setting a 20-day deadline for action on your claim. 

The insurer’s response determines the next steps. If the claim is denied, a hearing before the Commission will be scheduled to review the evidence. If the insurer accepts your claim, they will provide agreement forms for your signature. Subsequently, the Commission will issue an Award Order, officially confirming your eligibility for benefits. 

It is crucial to understand this process and, if necessary, seek legal advice to protect your rights during workers’ compensation proceedings.

Timeliness is crucial in filing workers’ compensation claims and notices in Virginia. Seemingly minor neck, back, shoulder, and knee injuries should be reported promptly, as they can develop into more severe issues.

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