Virginia injured worker quick start guide

VIRGINIA INJURED WORKER QUICK START GUIDE

What to Do — and What NOT to Do — After a Workplace Injury

A Consumer Guide for Virginia Workers

FIRST

YOU WERE HURT AT WORK. WHAT SHOULD YOU DO NOW?

A workplace injury can turn an ordinary day into a confusing combination of doctors, supervisors, insurance adjusters, forms and questions about your paycheck.

You do not need to understand the entire Virginia workers' compensation system today.

But there are several things you should do right now to protect yourself.

1. REPORT YOUR INJURY IMMEDIATELY

Tell your supervisor or employer as soon as possible.

Then put it in writing.

Virginia law generally requires written notice immediately or as soon as practicable and, subject to statutory exceptions, within 30 days of the accident.

Your written report should identify:

• what happened;
• when it happened;
• where it happened;
• how it happened; and
• what part of your body was injured.

Do not wait because you think the injury will get better.

2. GET APPROPRIATE MEDICAL TREATMENT

If you need emergency treatment, get it.

For non-emergency treatment, ask your employer about authorized medical care.

Virginia law generally requires the employer to offer a panel of at least three physicians, from which the injured employee selects a physician. The physician selected generally becomes the authorized treating physician.

Do not simply change doctors on your own and assume workers' compensation will pay the bills.

3. TELL YOUR DOCTOR EXACTLY WHAT HAPPENED

Your medical records can become some of the most important evidence in your workers' compensation claim.

Tell your doctor:

how the accident occurred;

• what body parts were injured;
• what symptoms you are experiencing;
• whether your symptoms are improving or worsening; and
• what activities you cannot perform or have difficulty performing.

Do not exaggerate your symptoms.

But do not minimize them either.

Be accurate.

4. GET YOUR WORK RESTRICTIONS IN WRITING

If your doctor says you cannot work-or that you can work only with restrictions-get that information in writing.

Keep a copy.

Give the appropriate documentation to your employer.

If you are offered light-duty work, make sure the proposed job is consistent with your medical restrictions.

Do not casually refuse light-duty employment.

If there is a dispute about whether you can safely perform the job, get advice before making a decision that could affect your benefits.

5. FILE YOUR CLAIM WITH THE VIRGINIA WORKERS' COMPENSATION COMMISSION

This is extremely important:

REPORTING YOUR ACCIDENT TO YOUR EMPLOYER IS NOT THE SAME AS FILING YOUR CLAIM.

Your employer may know about the accident.

Your employer may prepare an accident report.

The insurance company may contact you.

The insurance company may even pay medical bills or lost wages.

You should still file your Claim Form with the Virginia Workers' Compensation Commission to protect your rights.

For an ordinary injury by accident, the general Virginia filing deadline is two years after the accident, although exceptions and special rules exist.

Do not wait two years. File promptly.

KEEP EVERYTHING

Start a folder-paper, electronic, or both.

Keep:

• accident reports;
• photographs;
• witness information;
• medical records;
• doctor's notes;
• work restrictions;
• prescriptions;
• medical bills;
• mileage records;
• pay stubs;
• emails;
• text messages;
• insurance-company letters; and
• every document you receive concerning your claim.

A SHORT PENCIL IS BETTER THANA LONG MEMORY.

Write things down.

SECOND

10 THINGS THAT CAN HURT YOUR WORKERS' COMPENSATION CLAIM

1. WAITING TO REPORT THE ACCIDENT

Report it immediately.

2. ASSUMING YOUR EMPLOYER FILED YOUR CLAIM FOR YOU

An employer's accident report and your Claim Form with the Virginia Workers' Compensation Commission are not the same thing

3. MISSING MEDICAL APPOINTMENTS

Attend your appointments and follow reasonable medical instructions.

4. GIVING DIFFERENT VERSIONS OF HOW THE ACCIDENT HAPPENED

Be accurate and consistent.

5. EXAGGERATING YOUR INJURIES

Your credibility matters.

Tell the truth.

6. MINIMIZING YOUR INJURIES

If something hurts or you are having difficulty doing something, tell your medical provider.

7. IGNORING WORK RESTRICTIONS

Follow the restrictions imposed by your medical provider.

8. CARELESS SOCIAL MEDIA ACTIVITY

Photographs, videos and comments can be misunderstood or used to challenge what you have said about your physical condition.

Think before you post.

9. QUITTING YOUR JOB OR REFUSING LIGHT DUTY WITHOUT GETTING ADVICE

Employment decisions can affect workers' compensation benefits.

Understand the consequences before acting.

10. SIGNING A SETTLEMENT YOU DO NOT FULLY UNDERSTAND

A settlement may affect:

• future wage benefits;
• future medical treatment;
• surgery;
• permanent disability benefits; and
• other important rights.

Know exactly what you are giving up before you sign.

WHAT ABOUT YOUR PAYCHECK?

If a compensable injury leaves you totally unable to work, Virginia generally provides weekly compensation equal to 66⅔% of your average weekly wage, subject to statutory minimum and maximum limits.

Virginia generally has a seven-calendar-day waiting period for wage-loss compensation.

If the disability continues beyond seven days, compensation generally begins on the eighth day.

If the incapacity continues for more than three weeks, wage compensation is generally payable beginning with the first day of incapacity.

Medical benefits are treated separately from this wage-loss waiting period.

COULD YOU HAVE TWO CASES?

This question is extremely important.

If someone other than your employer caused your workplace injury, you may have rights in addition to workers' compensation.

For example:

You are driving for work.

Another driver runs a red light and crashes into you.

You may potentially have:

WORKERS' COMPENSATION CLAIM

for applicable medical expenses, wage-loss benefits and other workers' compensation benefits.

PLUS

PERSONAL INJURY CLAIM

against the negligent driver.

Other possible third-party cases can involve:

• defective equipment;
• dangerous machinery;

unsafe property;

• negligent contractors;
• motor vehicle collisions; and

other persons or businesses whose negligence caused your injury.

A third-party personal injury case may permit recovery of damages that workers' compensation ordinarily does not provide, including compensation for pain and suffering.

However, workers' compensation lien and reimbursement issues may apply.

If someone other than your employer may have caused your injury, investigate that possibility immediately.

THE 5 QUESTIONS TO ASK YOURSELF TODAY

• Did I report my accident to my employer?
• Did I put the report in writing?
• Am I receiving appropriate authorized medical treatment?
• Did I file my Claim Form with the Virginia Workers' Compensation Commission?
• Could someone other than my employer be responsible for causing my injury?

If you cannot confidently answer these questions, find out what needs to be done.

THREE VIRGINIA DEADLINES TO REMEMBER

30 DAYS

An accident generally must be reported in writing to the employer within 30 days, subject to statutory exceptions.

2 YEARS

For an ordinary injury by accident, a claim generally must be filed with the Virginia Workers' Compensation Commission within two years after the accident.

DON'T WAIT FOR EITHER DEADLINE.

The safest approach is simple:

REPORT IT NOW.

DOCUMENT IT NOW.

FILE YOUR CLAIM PROMPTLY.

ONE FINAL RULE

When you are injured at work, your first priority is your health.

Your next priority is protecting your rights.

Do not assume someone else is doing it for you.

Ask questions.

Keep records.

Follow your medical treatment.

Tell the truth.

Know your rights.

And when something does not make sense, get qualified help before making a decision you cannot easily undo.

IMPORTANT

This Quick Guide provides general educational information concerning Virginia workers' compensation law. It is not legal advice and does not create an attorney-client relationship. Workers' compensation rights depend upon the facts of each case, and exceptions or additional requirements may apply.

Virginia law can change. Always verify current requirements when dealing with an actual claim.