Legal Question in Workers Comp in Virginia
on the job accident
i was hurt at work. it was an on the job accident. The doctors say that i have par. disability and will never be able to perform the job duties i have now.Am i entitled to a settlement, and do i have any rights to the inspection paper on the equipment that the accident occured on if it was equipment failure was the cause
2 Answers from Attorneys
Re: on the job accident
There is no automatic entitlement to a full and final settlement. Compensable cases include a variety of benefits: wage benefits, partial disablity benefits, lifetime medical benefits, and more. You may subpoena the report if they will not voluntarily give it to you. You should consider having an attorney do all this for you rather than trying to do the case yourself. I would be happy to consult with you for free if you want to call me, 434.847.4444 or email me. I am in the office today.
Re: on the job accident
Even though you are partially disabled, if you are back at work at regular salary, there may not be any settlement. If the injury is to an extremity like an arm, hand, leg, finger, etc., you may be eligible for an award for the percentage loss of the extremity. If you are back at work and you are no longer being paid your full salary, the insurance company would have to pay you partial benefits to make up the difference. You should file a claim with the Virginia Workers Compensation Commission to protect your interests. Such a claim must be filed within 2 years of the date of your accident. I have been representing injured workers in Virginia Workers Compensation Accidents for 35 years. In a survey in Richmond Magazine I was recognized as one of the Best Lawyers for Workers Compensation in Central Virginia. Please call me to discuss your claim in more detail.
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