Best Workers Compensation Lawyers in Virginia Beach, VA

FAQs

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

  (757) 385-5000 is the non-emergency contact number for the local police station in Virginia Beach.

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

  You can obtain public copies of incident reports and crash reports without charge via the ePRO system online. However, if you require a report other than these, you must complete an online police FOIA request form or call (757) 385-4145.

  • ePRO system: https://www.vbgov.com/government/departments/police/Pages/epro.aspx
  • Police FOIA request home: https://pd-virginiabeachva.govqa.us/WEBAPP/_rs/(S(eqhiyi4uku1451c0lxe2rxge))/supporthome.aspx?

• What is the process for changing your workers' compensation doctor in Virginia Beach?

  In Virginia Beach, you have to get authorization from your employer or insurance company if you wish to replace your workers' compensation doctor. In case your employer or insurance carrier refuses your request, you can file a petition with the Virginia Workers' Compensation Commission to request a change. The commission will scrutinize your petition and weigh different factors before making a decision.

• What types of workers' compensation benefits are available in Virginia Beach?

  In Virginia Beach, workers' compensation benefits include temporary disability, which covers employees who cannot work during their recovery period. Permanent disability compensates workers who have ongoing injuries that affect their ability to earn an income. Lump-sum payments for permanent impairment are also available, along with vocational training to help workers develop new skills and return to gainful employment. Virginia's workers' compensation system aims to protect the health and well-being of employees while promoting their successful return to work.

• Who is considered an employee in Virginia Beach for workers' compensation purposes?

  In Virginia Beach, individuals who work for a company, regardless of their employment status or position, are considered employees for workers' compensation purposes. This includes family members working in the company; part-time, temporary, or seasonal workers; trainees; and immigrant workers.

• What types of evidence can be helpful in a Virginia Beach workers' compensation case?

  Evidence that can be helpful in a Virginia Beach workers' compensation case includes documentation of when the injury was reported, pictures and videos of the accident scene, and eyewitness accounts of the accident. It's also important to establish a timeline for the day of the accident by showing timecards and comparing when the worker was on their shift against when they received medical care.

• What should you do if your employer in Virginia Beach does not have workers' compensation insurance?

  If your employer in Virginia Beach lacks workers' compensation insurance, you can still receive benefits through the uninsured fund administered by the Virginia Workers Compensation Commission. However, your claim will be automatically contested, requiring you to file a Claim Form and go through the litigation process. In some cases, statutory employers may be liable for your work injury. It is recommended to consult with an attorney to explore your options and determine the best course of action.

• 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.