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If you are hurt on the job, what you do in the first hours and days can have a major effect on your Workers’ Compensation claim. In this article, we’ll cover…
You should report a workplace injury immediately. In Virginia, you have 30 days to report an injury, but you should really report it as soon as you realize you are hurt.
You have to report your injury to someone in a management position. That can include HR. Reporting it to a co-worker does not count, nor does reporting it to a hospital.
The most important details are the date of the injury and how you got hurt. One of the most important parts of reporting the injury is making sure you are not too general. You need to report a specific incident. It’s worth noting that in Virginia, an injury that occurs over a period of time, sometimes called a progressive or gradual onset injury, is generally not compensable.
That is why you do not want to describe the injury in general terms. You need to identify a specific incident, such as lifting a box and feeling pain in your knee, back, or arm. The focus should be on the exact moment the injury happened, not just the type of work you were doing or what had been happening over time.
This is true even if you had soreness or symptoms that may have started before the actual moment of injury.
Terry Armentrout of Armentrout Accident and Injury Law, LLC has spent years helping injured workers in Virginia avoid the early reporting mistakes that can damage an otherwise valid claim. He understands how details like who receives the report, how the accident is described, and how quickly action is taken can shape the outcome from day one. His experience guiding people through those first critical decisions allows him to offer practical insight, not just theory.
If you were hurt at work and want to protect your claim from the start, contact Armentrout Accident and Injury Law, LLC.
Witnesses are not required in Virginia, and many injuries happen without them. That said, they can still be important if there is a dispute about what happened or whether the injury was reported. If anyone does witness your injury, make a note of their names in case they are needed later.
There is often confusion about this. Your employer does not actually file a Workers’ Compensation claim on your behalf. That responsibility belongs to the injured worker. Your employer is expected to file a report of the incident, but whether a formal claim is filed is up to you.
If the employer or workers’ compensation insurer fails to pay the medical bills or fails to pay you wage compensation, they may be disputing your claim, or they may simply be waiting to see whether you will act. Your next step is to file a claim for benefits with the Virginia Workers’ Compensation Commission. However, it is better to speak with an experienced workers’ compensation attorney and allow the attorney to file the claim.
If you need emergency care, that always comes first. Beyond that, one of the most common mistakes is waiting too long to seek out legal guidance. Many people assume they only need an attorney if the claim is denied, but important decisions are made in the first 30 days.
Even if everything seems to be handled, early decisions can still affect the claim. One of the most important decisions involves who you see for treatment. Unfortunately, not all doctors will put your best interests ahead of the insurer’s interests, so it is critically important to choose the right doctor for you at the beginning of your case. That is often decided within the first few days and can influence both how the claim is handled and what benefits are available. In some cases, it cannot be changed later.
These decisions can take shape within hours and are often locked in within the first few days or weeks. Furthermore, if you do not understand your rights early on, you can lose them, and your employer and insurance company are not required to explain those rights or act in your best interest.
For more information on reporting a work injury in Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (540) 564-1466 today.
Terry Armentrout of Armentrout Accident and Injury Law, LLC has spent years helping injured workers in Virginia avoid the early reporting mistakes that can damage an otherwise valid claim. He understands how details like who receives the report, how the accident is described, and how quickly action is taken can shape the outcome from day one. His experience guiding people through those first critical decisions allows him to offer practical insight, not just theory.
If you were hurt at work and want to protect your claim from the start, contact Armentrout Accident and Injury Law, LLC.