Best Workers Compensation Lawyers in Richmond, VA

FAQs

• What is the non-emergency contact number for the local police station in Richmond, Virginia?

  The Richmond Police Department can be reached at (804) 646-5100 for non-emergency concerns.

• Where can I get a copy of police report for incidents related to my case in Richmond, Virginia?

  To get a copy of a police report, visit the Richmond Police Headquarters located at 200 W. Grace St. Richmond, VA 23220. Go to the Information Desk Window 4 and request the copy. Each copy costs $5.

  If you can’t go in person, you can mail your report copy request to the address below.

  Include in the mail a completed Records Request Form, a stamped and self-addressed envelope, and a money order or draft of $5 made out to “City of Richmond.”

  Mailing Address: RPD Records Unit 200 W. Grace St. Richmond, VA 23220

  Records Request Form: https://www.rva.gov/sites/default/files/2021-03/RecordRequest.pdf

  For more assistance, call the Records Unit at (804) 646-6715

• Do you have to pay taxes on your disability benefits from workers' compensation insurance in Richmond, VA?

  No. The disability benefits you get under workers' compensation are to compensate for the lost income and are not subject to Commonwealth or federal taxation. Also, the insurance only pays you two-thirds of your average weekly wage, which is roughly the same amount you would have taken home prior to getting injured as one-third of your wage would normally go to income tax. In this way, workers' compensation insurance keeps injured workers in Richmond on even financial grounds.

• Are independent contractors covered under workers’ compensation insurance in Richmond, VA?

  While most states disqualify independent contractors from workers’ compensation benefits, in Virginia, this independent status does not matter. According to the state’s workers’ compensation law, an independent contractor in Richmond can claim benefits if they can establish an employer-employee relationship in the following points:

  • The employer controls how their work is conducted
  • They can be hired
  • They can be fired
  • They are paid wages for their work

• How do you make a workers’ compensation claim in Richmond, VA?

  You start by reporting the injury to your employer within 30 days of sustaining it. For an occupational illness, you have 60 days from diagnosis to report it. Then, submit a completed Claim Form to the Virginia Workers' Compensation Commission. You can submit the form personally or mail it to the Commission's Central Office at 333 E. Franklin St. Richmond, VA 23219, or fax it to (804) 23-6956. It is advised that you do this immediately to receive benefits early.

• Does workers’ compensation in Richmond provide benefits if the worker passes away due to work injuries?

  Yes. Death benefits are available to the worker's surviving dependents under workers' compensation. These benefits include burial coverage of up to $10,000, and two-thirds of the deceased worker's average weekly pay for up to 500 weeks. If the claimant was only partially dependent on the deceased Richmond worker, they can be awarded a specific amount based on their level of dependency.

• What types of medical expenses can be reimbursed by workers’ compensation insurance in Richmond, VA?

  Workers’ compensation covers all medical expenses related to your work injury. These include hospital stays in Richmond, medications, doctor appointments, medical tests, physical therapy, and even prosthetics. You can also reimburse mileage spent for traveling to and from doctor visits. Note that the insurance carrier has a level of control over your medical treatment. You can only see a doctor from their panel of three practitioners. And, specialist procedures are subject to approval or denial.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.