No matter what field you work in, you have a right to work in a safe environment—specifically, one that does not jeopardize your health and safety. Yet, even though countless regulations protect workers and employees from this harm, work-related accidents continue to happen across the country, including in Virginia, leading to catastrophic injuries, excruciating pain, and extensive medical expenses that can forever alter a person's life.
If you suffered an injury on the job, you deserve to know your rights and go after the compensation you are entitled to. Fortunately, with the law firm of Emroch & Kilduff, on your side, you will not have to take on this challenging legal fight alone.
We can help you navigate issues that could affect your right to compensation such as:
- Selecting a doctor and obtaining medical treatment
- Whether you are required to give a recorded statement to your employer or the insurance company
- Understanding that you must file your claim within two years
- Knowing when you are required to look for and accept “light duty’ work
Under the Virginia Workers’ Compensation Act, an injured employee doesn’t have to prove anyone was at fault or make a negligence claim. In order to minimize the costs of insurance for most companies, many employers and insurance companies want to deny or minimize your claim.
- About Our Firm
- Common Workplace Injuries in Virginia
- Potential Remedies For a Virginia Work-Related Accident
- Who is covered by workers’ compensation?
- What does it cover?
- Death Benefits
- Expenses you will be face
- Protect Your Legal Rights Following a Work-Related Accident in Virginia
- Contact Emroch & Kilduff Today and Fight for the Damages You Deserve
- More Resources about VA Workers' Compensation Laws
About Our Firm
We started the Emroch & Kilduff law firm to help those harmed in an accident get the legal services they deserve. Today, not only has the firm helped countless individuals from four different offices throughout Virginia, but we continue to provide these victims and their families the legal support they require during this challenging time while fighting for the money they need.
As a result of this dedication and drive, we have secured millions of dollars for them, including:
- $1.55 million settlement for a workers’ compensation claim where a worker was struck by a car on the job, and
- $6.234 million settlement for a construction worker who was injured while working
We cannot guarantee results, but contact us to see how we can help you.
Common Workplace Injuries in Virginia
While workplace injuries can range in severity and type depending on the circumstances of the accident, the more common workplace injuries we see include:
Construction Accidents
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries from heavy lifting
- Limb loss
- Broken bones
- Crushed body parts
- Significant burns from explosions
Service Industry Accidents
- Burns
- Lacerations
- Soft tissue injuries
Office Setting Accidents
- Repetitive stress injuries
- Carpal tunnel syndrome
- Herniated discs
- Slip and fall accidents
- Neck injuries
Potential Remedies For a Virginia Work-Related Accident
Following a Virginia work-related accident, you usually have two potential remedies you can pursue.
They include:
- A Workers’ Compensation Claim: Workers’ compensation insurance provides benefits to workers who suffered a work-related injury or illness, regardless of fault. This insurance, specifically, helps pay for the worker's medical care, lost wages, and other expenses.
- A Personal Injury Lawsuit: If you sustained injuries on the job, workers' compensation is generally your exclusive remedy. This means that you cannot sue your employer or a co-worker for injuries sustained on the job. If a third party harmed you or workers' compensation does not cover you, you may pursue a personal injury suit against those at fault for your harm and losses.
Who is covered by workers’ compensation?
Workers’ compensation is compulsory in Virginia. According to the Virginia Workers’ Compensation Commission, these two employees may be full or part-time, subcontractors, or even temporary/seasonal workers.
Here is a list of those who are considered employees according to the statute:
- Corporate Officers (even if not salaried or performing their usual duties)
- Aliens
- Trainees
- Family members doing work on site
- Minors
- Corporate executives and other officers
- Charity and non-profit workers (even if they do work for churches)
- Independent contractors (if determined that the employer has control of the working relationship)
- Sole proprietorship sub-contract workers
This list includes full-time, part-time, contractors, and sub-contractors. If the total number of employees is more than two, the employer must carry coverage. Failure to comply with this requirement can incur a penalty for employers of $5,000 per occurrence. Employers must post a notice in the workplace that is clear and visible to employees regarding workers’ compensation insurance. Employees do not pay for the cost of insurance from their wages.
What does it cover?
According to the Virginia injured workers benefits guide, Workers’ Compensation Insurance covers doctors’ visits, hospitalization bills, medical tests, medication, physical therapy, and even prosthetics if necessary. The provisions also allow for mileage reimbursement for travel to and from your authorized primary doctor/specialists.
Over the years, compensation benefits have changed for employees to compensate for many factors such as the rise in the cost of living, medical expenses, and burial costs. Benefits do include maximum payments for things such as lost wages. Please note that temporary disability payments for lost wages begin only after seven days (starting with day 8) if you cannot work. Past 21 days of incapacitation, payment includes those first seven days.
Wage compensation for temporary total disability is calculated at roughly 2/3 of your wages (66.6 percent) for the last 52 weeks of employment, with a cap of $1,195 per week. Temporary total disability maxes out at 500 weeks, in which case you must determine permanent disability and calculate the cost of living. Check this link for a chart that shows the minimums and maximums for the last several decades.
Death Benefits
On-the-job injuries resulting in death entitle immediate family members to death benefits. Dependent children are eligible up until 18 or 23 years old if enrolled in an accredited institution of higher learning. Funeral/burial expenses are payable up to $10,000 as of 2022, along with reasonable transportation. Providing a certificate of death is required to receive these benefits.
Expenses you will be face
Here are some of the expenses and challenges you will face if you are injured on the job.
- Lost time at work: Lost time at work means loss of wages. With bills piling up, rent/mortgages due, and disconnect notices coming, you need your benefits to be paid out to keep your family above water.
- Medical bills: From the initial ambulance ride, Emergency Room visit, specialist referrals, surgeries, and hospital stays, medical bills are outrageous and nearly impossible to pay by yourself.
- Rehabilitation costs: During your recovery, you will need to continue with a physical therapy regimen, which could take years to get you back to your pre-injury condition, if ever.
- Pain and suffering: The physical pain and mental anguish you experience from a workplace injury can result in post-traumatic stress disorder, panic attacks, anxiety, and depression. All of these are serious conditions that affect your quality of life.
- Possible long-term pain management: Many workplace-related injuries require pain management such as pain drugs, treatments, and other methods. All of these are expensive and affect your quality of life.
- Disability: This is a serious consideration. One workplace injury can negatively impact you for the rest of your life.
Protect Your Legal Rights Following a Work-Related Accident in Virginia
Although the last thing you want to worry about following a work-related accident is collecting documents and evidence, you must realize that the actions you take following your accident will improve your health and safety while protecting your legal rights.
That is why following your accident, you must:
#1. Get Medical Attention
Even if your injuries appear minor, you should still get them examined by a doctor. Symptoms of serious injuries such as spinal cord damage can take some time to develop. Yet, the longer you wait to get this condition checked out, the more debilitating it can become.
Plus, this medical attention can also help your legal case, as delaying treatment can impact your ability to secure compensation in a workers’ compensation claim or a personal injury lawsuit.
#2. Report the Incident
After you get the medical treatment you need, make sure you speak to your employer about the accident as soon as possible. In Virginia, for instance, you only have 30 days to report the incident or risk your claim being denied.
However, when you report this accident, make sure you put it in writing and ask for a copy of it for your records. Try also to be as detailed as possible when filling it, as this report can serve as valuable evidence down the road if a dispute arises regarding the events of the incident.
#3. Gather Evidence From the Scene
If your injuries allow for it, you should try to gather as much evidence from the scene as possible. This should include photos and videos of your visible injuries, the dangerous condition that caused your injury, torn pieces of clothing, cracked safety gear, and any other evidence that can help show what happened.
If witnesses are present, ask for their names and contact information. These individuals can often provide your lawyer with further details regarding what happened and testify to validate your claim.
#4. Keep Employer Correspondence
Following the accident, you want to make sure you keep copies of any written correspondence you had with your employer regarding the incident. If you took notes about any communication with your employer about the accident, keep those, too.
#5. Why hire an attorney?
The benefits Virginia provides sound like they work in the employee’s best interest. With provisions requiring that employers carry workers’ compensation insurance, it would seem that workers’ rights come first. However, even with insurance, the claims process is rarely simple. There are a few reasons you might want to speak to an experienced workers’ compensation attorney in Virginia.
#6. Workers’ comp denied your claim
Claim denial can happen for many reasons. Perhaps the insurance company determined that your injuries occurred during non-working hours or that your injuries were somehow not covered by workers’ compensation insurance. The process of appeals and fighting to have your bills and expenses covered due to a workplace injury are stressful and time-consuming, and you might feel like you are being stonewalled or spinning your wheels. Hiring an attorney will give you the support and information needed to navigate the process.
#7. your employer did not carry coverage for you
When an employer clearly violated the law, the fines and penalties that the state sanctions them with still won’t pay your medical bills. An attorney can explain various options to get the compensation you deserve, even if your employer shirked their legal and ethical responsibilities.
#8. Other reasons
From your injuries not being considered serious enough, or doubts about your qualification for long-term disability, many options can protect your rights and continue to afford you the quality of life you worked toward.
We handle issues dealing with the right to recover benefits, allegations of work comp fraud, allegations of mis-conduct and work comp subrogation and appeals. Contact us to make sure you get the most you deserve. Click here for information on Construction Accidents & Workers’ Compensation.
Contact Emroch & Kilduff Today and Fight for the Damages You Deserve
If you or a loved one suffered harm in a Virginia work-related accident, do not wait to get the legal help you need.
When you retain the law firm of Emroch & Kilduff to take on your case, our attorneys can not only review your accident in detail and determine if you have a viable claim, but we can also:
- Help you figure out the legal options you can pursue.
- Help accelerate the processing of your workers’ compensation claim.
- Prepare the strongest case on your behalf, ensuring we go after the maximum compensation you need.
- Take your case to trial, if required, and fight for a successful resolution.
For more information regarding these legal claims, contact us today at (804) 358-1568 for your free case consultation and find out how our legal professionals can help you.
Client Testimonials
I saw the commercials and the lady stating she was going down the highway with her two year old son in the car, and the tractor trailer hit her. In my case I was traveling down the highway and the truck hit me than made me lose control and I hit another vehicle that had a two year old child in it. I knew then your company would be a perfect fit for my case.
Theresa A.
