Posted on Wednesday, February 24th, 2016 at 2:00 pm
The Virginia Worker’s Compensation Commission has a list of Frequently Asked Questions and Answers on various topics. Some of the Commission’s Q and As for claiming benefits are included below with adjustments because the best solution is always to consult with an experienced worker’s compensation attorney such as Joe Miller Esq.
Q – What do I do if I have a problem getting benefits?
A – Speak with an experienced worker’s compensation attorney who will review why your claim was denied. In some cases, the dispute can be resolved quickly. If the case cannot be resolved, workers need to file a Claim for Benefits. Filing a claim is the way to protect your right to benefits. It’s a good idea even if the employer and you agree – because the employer can also change its mind. It is extremely important to make sure the Claim is filled out exactly right. Please consult a Virginia Workers Compensation Lawyer and do not attempt to fill this out on your own.
Q – Is there a time limit on filing a claim?
A – “Yes. The Workers’ Compensation Act provides a fixed, time period in which you may file a claim for benefits. (Tyears from the date of accident) If you do not file a claim within that time, you may be risking your right to future benefits. These time limits, called “statutes of limitations,” are discussed in more detail in our “Guide for Employees.”
A worker must file a claim for workers’ compensation benefits within two years of the date of accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work. 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.
You still must file a claim with the Commission even if the employer/carrier has voluntarily paid you lost wages or medical benefits and no Award Order was entered by the Commission.
Q – Can I be fired for filing a workers’ compensation claim?
A – No. Employers cannot retaliate against you for filing a claim or against a witness who supports your claim. If retaliation takes place, you should speak to an attorney.
Q – If my employer has accepted my claim, reported my accident to the Commission, and paid me for my lost time and my medical bills; do I still need to file something with the Commission?
A – “The injured employee must notify the Commission in writing as soon as possible every time he or she misses work even if the employer has accepted the claim. The only exception is where the employee has signed an Agreement form and received an award for each period of lost time.” As always, it is best to consult with an experienced Virginia worker’s compensation lawyer to be sure your rights are protected.”
Joe Miller has helped thousands of Virginia injured employees get the work and medical benefits they deserve. He can answer all your questions about Workers’ Compensations law and procedures. He takes the time to guide clients through each phase of their case. He’s been helping injured workers for over 25 years. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or complete his online contact form.
Posted on Monday, February 22nd, 2016 at 5:59 pm
Our latest video update helps explain what a permanency rating means in Virginia and North Carolina Workers’ Compensation cases:
Posted on Wednesday, January 20th, 2016 at 10:43 am
Please watch this video to learn more about what you can do if your Workers’ Compensation check is late in Virginia or North Carolina.
Posted on Thursday, December 3rd, 2015 at 4:33 pm
Our latest video has been uploaded and is available for your viewing:
Posted on Friday, August 14th, 2015 at 2:37 pm
The insurance carrier will often try to terminate a worker’s benefits by sending the worker to have an independent medical examination. (IME) The doctors who perform these IMEs are often physicians who regularly prepare reports on behalf of insurance companies. They are used to preparing pro-employer reports and even testifying about these reports.
Posted on Thursday, June 25th, 2015 at 2:08 pm
The Virginia Workers’ Compensation Commission has specific guidelines for Vocation Rehabilitation Counselors. The guidelines include a Vocational Rehabilitation Plan, Meetings between the employee and the VCR, the role of the employee’s attorney, medical concerns and transportation issues.
Posted on Friday, June 19th, 2015 at 2:05 pm
The Vocational Rehabilitation Counselor is subject to the Virginia Worker’s Compensation Law. This means the VCR has to follow these Commission Rules for his recommendations to be valid. Some of the things a VCR cannot do are: (more…)
Posted on Sunday, June 7th, 2015 at 8:53 am
In Virginia, the entry of the Open Award isn’t 100% foolproof. The employer has an additional 30 days AFTER the entry of the Award to withdraw the Award Agreement. This is also referred to as the Award becoming FINAL. Until those 30 days pass, the Award is not yet final. This means if it is withdrawn during that first 30 days after it is entered, the Award will be vacated and it will be as if the Award was never entered. (more…)
Posted on Friday, June 5th, 2015 at 12:00 pm
In you’re hurt at work in Virginia, you are NOT prevented from seeing any doctor you want to, and having treatment from the doctor you choose. You must simply realize that you may not be able to get the workers compensation carrier to pay for such treatment. You have the right to get a second opinion from a non-company doctor as long as you pay for it. (Depending on the case, our firm may sometimes arrange and pay for the evaluation and then get reimbursed when there is an eventual settlement of your case). (more…)
Posted on Friday, May 29th, 2015 at 12:00 pm
The Notion of ‘Compensable Consequences’ under Virginia Law means “When a new injury occurs as a result or consequence of your work injury, then you can recover for the new injury. You are not even required to file a new claim for benefits for the additional body part, unless and until the claim for the new injury is denied.” (more…)