How To Give Notice To Your Employer After a Virginia Workers’ Compensation Injury
After you’ve suffered a work related injury on the job in Virginia, you will probably be thinking mostly about going to the doctor and recovering from your injury. In addition to recovery, the injured employee also needs to be concerned about giving notice after a Virginia workers compensation injury to his or her employer.
Many employees assume that because a co-worker or someone else at their job knew about their injury, that’s all the notice that is needed. But, there are requirements governed by Virginia law about giving notice to your employer. If the legal requirements are not met, your workers’ compensation claim may be denied which will prevent you from receiving workers comp benefits.
Why Give Notice to Employer After Work Injury?
Giving notice of your work-related injury or occupational disease to your employer in a timely manner serves several purposes and meets reporting requirements. First, until an injured worker gives notice of an injury or disease, he or she is not eligible for wage loss or medical benefits. Additionally, the insurance company plays a crucial role in the workers’ compensation process, often requiring detailed information to process claims.
The insurance company evaluates the claim and determines the benefits the injured worker is entitled to. Also, giving notice within the time limits allows the employer to do an investigation, if necessary, and check any equipment that may have been involved. If safety defects caused the injury, notice allows the employer to quickly address the issue before other employees are injured in the same manner.
Notifying the employer in a timely fashion also allows the employer to provide medical treatment to the injured employee. Lastly, when the employer receives notice of an injury or disease, the employer is then required to file a report with the Virginia Workers’ Compensation Commission within 10 days.
Workers Compensation Claim: What Does the Law Say?
So, what does Virginia law actually say about giving notice after a Virginia workers’ compensation injury? The statutory requirements, as outlined in Virginia Code § 65.2-600, state that an injured employee (or someone who is acting for the employee) has to report the injury immediately or as soon as practical by giving written notice of the injury to the employer. It is crucial to follow these legal procedures to ensure the success of workers’ comp claims.
Eligibility for temporary disability benefits (either off totally or released to light duty work) requires meeting specific criteria, and these benefits provide financial support until the worker can return to their original job or find suitable employment.
Failure to give notice of an injury within 30 days of the accident may prevent you from getting payment for your wage losses as well as any medical benefits you may be entitled to. Additionally, there are legal consequences for failing to give notice, which can include the denial of your claim. For an occupational disease, on the other hand, Virginia law allows for
Workers Comp: What Should the Notice Say?
A written notice to an employer about a workplace injury should state the employee’s name and address as well as the time, place, nature, and cause of the injury. It is also important to include details about the medical treatment received, as this information is crucial for assessing the extent of the injury and any ongoing care needs.
Medical documentation should be provided to the employer or insurance carrier to support the details of the treatment. The notice needs to be signed by the employee, or someone on the worker’s behalf if the employee is unable to sign.
Can I Still Get Workers Comp Benefits If I Didn’t Give Notice?
The failure to meet notification deadlines doesn’t always mean that you won’t get workers’ compensation benefits, including temporary total disability. Many times, our firm has been able to help injured workers get their workers’ comp benefits even if they failed to give notice.
However, it is important to understand that not giving notice can potentially impact receiving workers compensation benefits, especially in complex legal situations. This can also affect the coverage of medical costs, making it crucial to calculate outstanding medical expenses before making any decisions. The impact on medical expenses can be significant, as delays in giving notice may may negatively impact the workers comp case and lead to out-of-pocket costs. Virginia law says that an employee may be excused from giving notice if
What Should You Do After a Work Injury?
If you’ve been injured on the job and have questions about notice or any other part of your Virginia Workers’ Compensation claim, the best thing to do is seek legal advice and talk to an experienced workers comp attorney before you talk to anyone else.
Legal representation by experienced workers compensation attorneys is crucial to ensure your rights are protected and your claim is handled properly. A lawyer who is not experienced with handling Virginia workers’ compensation claims may not know important details about workers’ comp law, such as the importance of giving notice of your injury or that Virginia workers’ comp law doesn’t allow for recovery of pain and suffering.
Talk To a Virginia Workers’ Compensation Attorney
If you’ve been injured on the job, it is wise to seek a consultation with a lawyer who is experienced in workers compensation claims. At the Ritchie Law Firm, you can talk to us for FREE . . . NO STRINGS ATTACHED! We can give you advice on your claim before you make a decision that could damage your case. Check out our article on “How Much Does a Workers’ Comp Lawyer Cost” here.
For more than 45 years, the Ritchie Law Firm has successfully helped thousands of injured workers navigate the complex workers’ compensation process. Our experienced workers compensation attorneys are dedicated to ensuring you receive the maximum benefits you deserve, as well as getting reimbursed for your medical costs. The Ritchie Law Firm specializes in serving injury victims.
We never represent insurance companies or corporations. If your workers’ compensation case is going to hearing, you will want a trial expert on your side. We are board certified trial specialists through the National Board of Trial Advocacy. The attorney you choose for your workers’ compensation case can make all the difference.
Virginia Workers’ compensation is a complex system that can be very difficult to navigate. The legal complexities involved can be overwhelming. Before making any decisions about your workers compensation claim, it is best to seek the advice of an experienced workers compensation attorney.
