Getting hurt at work can have crushing financial implications. You are stuck with potentially large medical bills at a time when you’ve also lost income due to missed work. On top of the pain and suffering caused by the injury itself. Fortunately, workers in Virginia have access to worker’s compensation, which seeks to cover medical costs and lost wages due to a workplace injury. 

For lay people, however, the worker’s compensation process is often intimidating. Many people think their injury doesn’t qualify for compensation. However, this guide, as well as help from an experienced Richmond workers compensation lawyer, can help set expectations when submitting a claim for worker’s compensation in Virginia and guide you through the legal process.

Get Medical Attention and Notify the Company

The first step after a workplace injury is to seek medical attention and notify your company of your injury. These are lumped into one step because you will often have to visit a doctor approved by your employer’s insurer to receive care for your injury. Using an approved provider will help make the claims process go smoother and increase the likelihood of your claim being accepted.

State law requires your employer to furnish a list including at least three approved doctors you can choose from. The law also requires you to report your incident in writing in 30 days or less of the incident. 

Hire a Richmond Workers Compensation Lawyer 

After you have reported your accident and injury, received a diagnosis, and started treatment, consult with a local worker’s compensation attorney. The claims process involves a lot of paperwork and documentation, so it’s in your best interest to have the support of a legal professional early on. Their knowledge and guidance will help ensure you receive the largest payout possible.

Complete Paperwork and File Your Claim

After reporting your injury, your employer will most likely require an incident report. This report details exactly what happened during the accident, including the events immediately before and after. Details are vital at this stage. Even the most mundane fact can impact liability and damages. 

Your employer may pre-fill the incident report for you to sign. While this is perfectly legal, carefully review it for accuracy. Don’t sign anything that isn’t completely accurate.

You Both File With the State

At this point, both you and your employer file paperwork with the state’s Worker’s Compensation Commission. You fill in and file the benefits claim along with all supporting medical documentation. Your employer must file an injury report with the state. The Commission will send you information explaining your rights and obligations during the claims process.

Their Insurance Company Responds

The state commission issues an order to the company’s insurance company to respond to the claim within 20 days. The company will usually send an adjustor to investigate the claim and determine its validity by reviewing medical records and interviewing witnesses.. The insurance company will fully or partially accept or deny you claim after the adjustor’s investigation.

Remember the adjustor and insurance company are not on your side. Their job is to find a way to minimize or outright deny paying any claims. Working with a skilled attorney will help protect your interests and rights with the insurer.

Worker’s Compensation Litigation Process

You have a right to a legal trial if the insurance company doesn’t accept your claim. Again, working with an experienced attorney will be invaluable during the litigation process. They will understand what evidence is needed and how best to present it to the judge to build the strongest case possible. The insurance company will likely enter mediation or settlement negotiations at this point. Your lawyer is best equipped to handle this stage as they understand how to negotiate with insurance companies to ensure you get the compensation you deserve for your injury.

You shouldn’t hesitate to file a worker’s compensation claim if you’re injured at work. Even though the process is intimidating, these benefits will cover living expenses, medical bills, and wages lost due to missed work. Hiring a lawyer to support your claim will make the process simpler and smoother and help you receive the payout you deserve.