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Sunday, September 25, 2022

All Important Facts About Virginia Workers’ Compensation Law

According to Virginia workers’ compensation law, employers have to handle their employee’s compensation insurance after industrial accidents and workplace disease. That’s how the workers can get what they deserve for their medical treatment and financial stability. However, there are some obstacles, solutions, legal issues, rules, and regulations that are unknown to a lot of people. In this article, we are going to unveil everything in brief.

History

Back then, a yearly report stated that there were 10,920 industrial accidents, which took the life of 144 workers. But only a minor percentage of the victim or victim’s family claims monetary damages. After a lengthy discussion process, the Workers’ Compensation Commission approved the right of receiving compensation for commercial issues.

What’s included in the law

Workers can get a good amount of money for physical injuries that occurred due to the employer’s negligence. Any workplace accident that causes bleeding, bruising, swelling, and other health problems are covered in this chapter. You can even claim compensation if you prove that an industry environment worsens your pre-existing health conditions. Besides, it is applicable for psychological injuries such as severe anxiety, depression, PTSD, etc. 

Roles of Virginia Workers Comp Commission

It is an agency led by three commissioners to ensure the justice of injured employers or their families. They resolve all types of disputes, misunderstandings, and doubts between the company owner, insurance service, victim, and organizations. The lawyer fee and settlement amounts are in their hands too. They keep track of all industrial accidents, deaths, physical or mental illnesses, etc. They are also responsible for preparing an annual report showing the statistics and related details.

How can an employer provide the coverage?

The factory owner who has more than two employees working under him must carry the required insurance coverage. He has two ways for average workers compensation settlements in Virginia: taking help from an insurance service and employing self-insurance policies. As you can guess, the second method does not depend on commercial insurance programs.

Advantages

This law is very crucial for both the employer and employee. Workers can get a fund for all authorized medical benefits, including checkups, hospital bills, operation fees, etc. Another plus point is lost wage benefits, where the victim can demand financial support for the short and long term. If a worker dies, a certain amount of cash must be given to his family. This type of settlement also makes employers more responsible to their workers.

Why do workers have to hire a professional attorney?

Skilled attorneys fight for their clients in court proceedings to ensure that an employee or worker can obtain legal justice. They can defend both sides and bring the settlement the client really deserves. They assist in validating the connection between the victim’s injuries and the company. At the same time, they present the sufferings a victim is going through to the judge. Also, they can prove whether the opponent’s side is lying or not. That’s why hiring an attorney is mandatory.

How to file a claim

First of all, the employer must notify the owner and insurance company about the accident and settlement proposal within one month of his injury. Apart from the worker, his employer or lawyer can file a compensation claim on his behalf. No matter who does this job, he must submit the correct paperwork with proper information (personal details, owner details, types of damage, etc.) to the authorities. It can be done online, in person, or by fax, counsel, and mail.

Amount

We know that many of you are eagerly waiting for this section. It mainly relies on the worker’s disease/injury acuteness and his average weekly income. In most cases, he gets two-thirds of his weekly salary as compensation. Other factors can be overtime wages, commission, training payment, allowances, vacation tips, festival bonuses, etc. Note that the employer’s net worth or earnings have nothing to do with it.

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