Not all work-related accidents require someone to file for workers’ compensation benefits. In many cases, an insurance company will be able to pay nearly all of the benefits voluntarily. If a dispute does present itself, then a person would need to file a claim for workers’ compensation benefits in Colonial Heights.
You can improve your odds of success if you hire a seasoned workers’ compensation attorney. A lawyer can make sure that you have properly applied for all benefits. They can also keep an open line of communication with the defense attorney or insurance company in order to negotiate the best resolution possible for you.
There are three main benefits that workers’ comp can provide in Colonial Heights: medical bills, wage loss, and disability. The insurance company can pay for somebody’s hospital bills for injuries that came out of a work accident. They can also supply wage loss benefits, as well as permanent partial disability if that is something that the claimant qualifies for. These are all done on a case-by-case basis.
The wage loss benefits and permanent partial disability are based on a pre-injury average weekly wage. What the worker typically earned in a week will be what all benefits moving forward are based on. If the employee was new to the job and had a lower wage than someone else doing the same job, the benefit could potentially be increased to the wage level of a typical person.
Just because an injury occurs at work does not necessarily mean that is covered under the Virginia Workers’ Compensation Act. The VWCC has a standard that states an injury must arise out of, and occur in the course of, that worker’s employment. If someone trips and falls while at work, but there was no hazard or danger that caused it, then the Commission would likely deny the claim since there was no negligence on the part of the employer or fellow employees.
The Commission will also likely deny a claim if it occurred while commuting to or from the worksite, or in the parking lot. However, these situations might require a little more nuance to determine if coverage is approved or denied.
An injured person cannot receive workers’ compensation and unemployment benefits at the same time. If they are receiving wage loss benefits through workers’ comp, then they cannot apply for unemployment. If they ended up receiving unemployment before a claim was initiated, then they would be required to repay unemployment benefits back if they received wage loss benefits. If the person has a lifetime medical award, but they do not have any disability from work specifically, then they might be able to qualify for unemployment benefits. This can only occur if workers’ comp is not paying benefits for wage loss.
Workers’ compensation payments in Colonial Heights do not necessarily have to be a short-term fix. The main consideration in regards to a claimant’s future needs is what kind of medical treatment they will require. Under the Workers’ Compensation Act, a worker is entitled to receive lifetime medical benefits for their injury. If they will still need treatment or therapy years down the line, the insurance company will still be required to pay for it.
If an employee is unable to work due to their injury, then the insurance company would be required to pay benefits to them for that period. If the employee is moved to light duty work and are not earning as much as they previously did, that gap can be accounted for as well.
Permanent partial disability benefits come into play if the worker has experienced reduced function, range of movement, or other issues that may impact their ability to work. It can also cover vision loss, hearing loss, or if they have developed another debilitating condition like pneumoconiosis or byssinosis.
There are a number of different ways to receive benefits after a work accident. It is a good idea to speak with a lawyer who can explain the best course of action in winning workers’ compensation benefits in Colonial Heights. Reach out today for professional legal advice.