Workers’ compensation is a benefit for employees who are injured at work. Workers’ compensation is a unique benefits program that is quite different from personal injury benefits. There are certain categories of benefits that are covered by the law, including wage loss, medical expenses, and permanency. Workers’ compensation is a limited benefit program rather than a personal injury claim. Also, it is specific to work injuries. The claimant has to meet the criteria for a work accident in order to have a workers’ compensation case.
A lawyer who is knowledgeable about the unique aspects of Richmond workers’ compensation cases could help you recover the benefits you deserve. Reach out to an experienced workers’ compensation lawyer today.
A person is qualified for workers’ compensation in Richmond if their injury occurs while they are working and it arises out of and in the course of the scope of their employment. The injured worker can suffer any type of injury as long as it fits within the scope of their employment. Most injuries at work involve the back, knees, neck, head, shoulders, and hips. An individual can also develop occupational exposure conditions. For example, if they are working for an employer that has mold present in the building, that can be something that is compensable as occupational exposure.
In some cases, other conditions may arise due to a work injury. For instance, if a person sustains a severe back injury that keeps them out of work for a significant time, and then they become depressed as a result, they can also file a claim for depression or other mental health conditions that are related to the original injury.
One of the unique aspects of Richmond workers’ compensation cases is the specific statute to the State of Virginia. The Virginia Workers’ Compensation Act, Virginia Code 65.2, outlines the requirements of workers’ compensation. Every state is different when it comes to workers’ compensation. Every state’s workers’ compensation legislation is going to be different in some way in terms of what kind of benefits are offered, for how long they are offered, and for how much. For instance, in Virginia, an injured worker is entitled to up to 500 weeks of wage loss compensation. In other states, that time period might be shorter or longer. In Virginia, the workers’ compensation benefits include medical, wage loss, and permanency.
Workers’ compensation differs for federal employees as opposed to private sector employees. The federal workers’ compensation benefit is entirely separate from the state workers’ compensation.
There are differences between publicly and privately funded workers’ compensation. The Virginia Workers’ Compensation Act governs both private insurance carriers and municipality funded employers. From a practice standpoint, sometimes the private insurance carriers have fewer restrictions on funds for settlement than public employers or government employers do. Many times, government employers and insurance companies are not as interested in settling a case full and final. They would rather pay out the benefits, whereas the private insurance carriers are often interested in settlements than closing out the claims.
Call today if you have any questions regarding the unique aspects of Richmond workers’ compensation cases.