Protecting your rights while working is essential, and you should not let people exploit you. Workplace accidents take place worldwide.
The most common type of workplace accident is a slip and fall accident. Other types of workplace accidents include getting injured while lifting some heavy object or falling from a great height and sustaining fractures.
Furthermore, in places like Virginia, there are no-fault workers’ compensation rules that state you do not have to prove that a particular company’s negligence led to the accident.
You do not have to blame them to get the compensation. However, one thing to keep in mind is that when you sustain an injury, you should let your employer know about it.
This has to be done within thirty days from when the injury took place. If you fail to inform your employer within the stipulated period, you can lose the compensation benefits.
Injured Workers Law Firm can help you protect your rights. They are a group of highly qualified individuals who specialize in assisting individuals to get the proper compensation for their injuries and other damages.
What are the benefits provided by workers’ compensation?
- It covers medical costs until complete recovery.
- Providing wage replacement options to employees.
- Rehabilitation therapy is also provided to workers.
- Compensation is given to the beneficiaries in case the workplace injury results in the death of the employee.
- Compensation is available in case the person becomes wholly or partially disabled.
Can you lose the right to sue the company if you get the compensation?
The answer is yes; once you agree to get the compensation, you can no longer sue the company owner. It is done in order to protect both the employer and the employee.
Workers get compensation for their injuries, and the employer saves the reputation of their company by not getting sued and further repercussions.
They remain liable to a certain degree, but they no longer have to be taken to the courtroom for a negligence lawsuit.
What is the procedure involved in applying for workers’ compensation?
There are state-specific rules for workers’ compensation, and they are different in different states. However, to have a generic idea, here are some rules:
- You are going to have to write about the injury in detail. If you can attach photos, that would be great.
- Include the names of witnesses, if there are any, as well.
- Let your employer know about the injury.
- From there, it is the responsibility of the employer to file a claim for you by talking to insurance companies.
If you want to ensure that the claim was actually made, you can get in touch with the employer’s insurance company.
Who cannot have workers’ compensation?
Usually, only the employees are considered for seeking workers’ compensation. Freelancers are not included, nor are they eligible to seek compensation.
Furthermore, every state has different rules, and inclusion and exclusion are going to be different for each state as well.
If we talk about Virginia, several categories are excluded, some of them are listed below:
- Contractors
They work independently. Since they are considered as employees, they are not entitled to compensation.
- Employees in the agricultural sector:
They are also excluded, but some can get included if there is an employer with more than three workers working for him.
- Workers who work domestically.
If you are a housekeeper or a nanny, you are not entitled to seek such compensation.
- Casual workers:
These workers are known to work occasionally and for a short period. Therefore, they are not included in the workers’ compensation program.
Get in touch with a law firm if the compensation is denied!
If your employer refuses to provide you with workers’ compensation, you can hire a lawyer to help you file a lawsuit against him/her.
The lawyer will help gather the evidence to support your claim and sue the employer if needed.