What Rights Do Injured Workers Have in Virginia?
Injured Workers’ Rights in Virginia
Workers’ compensation in Virginia provides important protections for employees who suffer injuries or illnesses in the course of their employment.
Reporting Requirements
In Virginia, injured workers have the right to report a work-related injury to their employer within 30 days of the accident or the date they were diagnosed with an occupational disease. Failure to report the injury within this timeframe may result in a denial of benefits. It is essential to notify your employer as soon as possible to preserve your right to workers’ compensation benefits.
Medical Treatment Rights
Injured workers in Virginia have the right to seek medical treatment for their work-related injuries. Employers are required to provide injured employees with medical services that are reasonably suited to treat their injuries. Workers also have the right to choose their treating physician, as long as the provider is within the employer’s approved network. If an employer fails to provide appropriate medical care, injured workers have the right to seek alternative treatment at the employer’s expense.
Wage Loss Benefits
Injured workers in Virginia may be entitled to wage loss benefits if they are unable to work due to a work-related injury. Temporary total disability benefits are available for employees who are completely unable to work while recovering from their injuries. These benefits are typically two-thirds of the employee’s average weekly wage, up to a statutory maximum. Injured workers may also be eligible for permanent partial disability benefits if they suffer a permanent impairment as a result of their work-related injury.
Vocational Rehabilitation
In some cases, injured workers in Virginia may be entitled to vocational rehabilitation services to help them return to work. Vocational rehabilitation may include job training, job placement services, and assistance with resume writing and interview skills. If you are unable to return to your pre-injury job, vocational rehabilitation can provide you with the skills and support necessary to find suitable employment.
Retaliation Protections
Under Virginia law, injured workers have the right to be free from retaliation for filing a workers’ compensation claim. Employers are prohibited from firing, demoting, or otherwise discriminating against employees for seeking workers’ compensation benefits. If you believe you have been retaliated against for exercising your rights, you may have a legal claim against your employer for wrongful termination.
Statute of Limitations
It is important for injured workers in Virginia to be aware of the statute of limitations for filing a workers’ compensation claim. In Virginia, injured workers have two years from the date of the injury or the date of the last payment of benefits to file a claim for workers’ compensation. Failing to file a claim within this timeframe may result in a loss of benefits. It is crucial to act promptly to protect your rights and ensure you receive the benefits you deserve.
In conclusion, injured workers in Virginia have important rights under the state’s workers’ compensation laws. From reporting requirements to wage loss benefits and retaliation protections, it is crucial to understand and assert your rights if you have been injured at work. If you have questions about your rights or need assistance with a workers’ compensation claim, consult with an experienced workers’ compensation lawyer who can provide the guidance and advocacy you need.