A serious workplace injury in Richmond can disrupt every part of your life. You may feel pressure from mounting bills while you’re unable to work, and the workers’ compensation system often feels stacked against injured employees. Insurance companies may delay, deny, or reduce claims, leaving many workers unsure of how to move forward.
An experienced Richmond workers comp lawyer at Allen & Allen can help protect your rights, explain your options, and guide you through each stage of the process. Whether you’re filing for the first time or appealing a denied claim, our attorneys are ready to stand by your side. Contact us today for a free consultation.
Key takeaways: workers’ comp in Virginia
- Virginia law covers most employees through mandatory workers’ compensation insurance.
- Benefits may include medical care, wage replacement, and disability coverage.
- You must report your injury quickly and file your claim within the state’s strict deadlines.
- Legal representation may strengthen your case if your claim is denied or disputed.
What is workers’ compensation in Virginia
Workers’ compensation is an insurance system designed to provide benefits to employees injured on the job. The Virginia Workers’ Compensation Act requires most employers to carry this coverage, creating a safety net for workers. While the system is meant to be straightforward, disputes often arise between employees and insurance companies over coverage, benefits, or the extent of an injury.
Who is covered under Virginia workers’ compensation laws?
Most full-time and part-time employees in Virginia fall under the protection of workers’ compensation laws. Employers with three or more workers must carry insurance, whether the employees are seasonal, temporary, or permanent. Independent contractors are typically not covered, but misclassification issues sometimes occur.
For example, a construction worker in Shockoe Bottom hired as a “contractor” may still qualify for benefits if the employer controlled the work schedule and supplied equipment.
What types of injuries qualify for workers’ compensation?
Virginia law recognizes injuries that happen in the course of employment. These may include sudden accidents, such as a slip and fall at a warehouse near Broad Street, or occupational illnesses that develop over time, such as repetitive strain injuries from office work. Mental health conditions linked to traumatic events at work may also qualify under certain circumstances.
To receive benefits, you must show that the injury occurred at work and while performing job duties.
What benefits can you receive through workers’ compensation in Virginia
Workers’ compensation benefits aim to cover treatment and losses tied to a job-related injury. These benefits vary depending on the severity of your injury and how long you’re expected to be out of work.
Medical benefits
Workers’ compensation covers the cost of medical care that is reasonable and necessary for your recovery. This includes doctor visits, hospital stays, surgeries, medications, and physical therapy. If you were hurt while working at Richmond International Airport, for example, treatment for broken bones or internal injuries would fall under this benefit. Employers must provide a list of approved physicians, and you must choose from that list for your care.
Wage replacement benefits
When your injury keeps you out of work, wage replacement helps make up part of your lost income. In Virginia, temporary total disability benefits typically equal two-thirds of your average weekly wage, subject to minimum and maximum limits. Partial disability benefits may apply if you return to work at reduced capacity or with lighter duties that pay less.
Permanent disability benefits
If a doctor determines you have lasting impairment, you may qualify for permanent partial or permanent total disability benefits. For example, a worker who suffers vision loss at a plant in Manchester may be entitled to compensation under Virginia’s disability schedule. In rare cases, permanent total disability benefits may apply, such as after the loss of both legs or total paralysis.
Vocational rehabilitation services
Some injuries prevent you from returning to your previous occupation. In those situations, vocational rehabilitation may provide job training, education, or placement assistance to help you reenter the workforce in a new role.
How do you file a workers’ compensation claim in Virginia
Filing a claim requires specific steps, and missing one can give insurance companies grounds to deny benefits. Acting promptly and keeping records helps protect your rights.
Step 1: report your injury to your employer
Virginia law requires employees to notify their employer of a workplace injury as soon as possible, and always within 30 days. A simple verbal statement often isn’t enough. Provide written notice, identify when and where the injury occurred, and keep a copy for your records.
Step 2: seek medical treatment
After reporting the injury, your employer should give you a panel of physicians approved by the insurance company. Choose a doctor from this list for treatment. If you go outside the panel without permission, the insurance carrier may refuse to cover those medical expenses.
Step 3: file your claim with the Virginia Workers’ Compensation Commission
Even if your employer is aware of your injury, you must still file a claim with the Virginia Workers’ Compensation Commission (VWCC). This creates a legal record and protects your right to benefits. Claims can be filed online, by mail, or in person at the VWCC office.
What happens if your workers’ compensation claim is denied
Insurance companies sometimes deny claims to limit their financial responsibility. A denial doesn’t end your case, but it does require further action.
Common reasons for claim denials
Carriers may deny claims by arguing that the injury didn’t occur at work, that it was a pre-existing condition, or that the employee didn’t report the accident on time. For example, a delivery driver in Carytown who injures a knee while lifting boxes might hear the insurer claim the injury happened outside of work.
The appeals process in Virginia
If your claim is denied, you can file an appeal with the Virginia Workers’ Compensation Commission. The process involves presenting medical records, witness testimony, and other evidence to support your case.
Requesting a hearing before the Workers’ Compensation Commission
The VWCC may hold a hearing where both sides present arguments. An attorney can help prepare evidence, cross-examine witnesses, and argue on your behalf.
Can you sue your employer for a workplace injury in Virginia
Workers’ compensation usually provides the exclusive remedy for workplace injuries, meaning employees can’t sue their employers directly. However, exceptions exist.
The exclusive remedy rule
This rule protects employers from most lawsuits by providing workers’ compensation as the primary option for injured employees.
Exceptions to workers’ compensation exclusivity
If an employer intentionally caused harm, or if they failed to carry workers’ compensation insurance as required by law, you may have grounds for a lawsuit.
Third-party liability claims
Sometimes, another party is responsible for your injury. For example, if a defective machine injured a worker at a Southside manufacturing facility, the manufacturer of that machine could be held liable in a third-party lawsuit.
What are your rights as an injured worker in Virginia?
Workers’ compensation law provides protections to balance the relationship between employees and employers.
Right to choose your own doctor (after initial treatment)
After the first visit to a panel physician, you may seek approval to see another provider. In some cases, the commission can approve a change.
Protection against retaliation
Employers cannot legally fire or punish employees for filing a workers’ compensation claim. If a restaurant worker in The Fan reports a workplace injury and then gets fired, that worker may have grounds for a retaliation claim.
Right to legal representation
You have the right to hire an attorney to help with your claim. Having legal counsel may improve your chances of securing the benefits you need.
How long do you have to file a workers’ compensation claim in Richmond
You must file your claim with the VWCC within two years from the date of the injury or the date of diagnosis for an occupational disease.
The 30-day reporting requirement
Employees must notify their employer of a workplace accident within 30 days, or risk losing benefits.
Exceptions and special circumstances
Some exceptions exist, such as cases where an employer misled an employee about coverage or where the worker lacked knowledge of the injury’s severity.
What should you do immediately after a workplace injury
Taking the right steps immediately after an injury strengthens your claim.
Document everything
Write down the details of the accident, keep medical records, and save correspondence with your employer or insurer.
Notify your supervisor or employer
Give written notice quickly to create a record that links your injury to your employment.
Get medical attention
See a doctor right away, even if the injury seems minor. Some conditions worsen over time.
Avoid common mistakes that can hurt your claim
Don’t delay treatment, don’t ignore reporting requirements, and don’t post about your injury on social media.
Workers’ compensation vs. personal injury claims: what’s the difference
Workplace injuries sometimes overlap with personal injury law, but these claims work differently.
No-fault system explained
Workers’ compensation doesn’t require you to prove your employer did something wrong. If the injury happened at work, you may qualify for benefits.
Types of damages available
Workers’ compensation covers medical costs and a portion of lost wages. Personal injury lawsuits may also allow recovery for pain, suffering, and other damages.
When both claims may apply
If a third party caused your injury, you may pursue both a workers’ compensation claim and a personal injury lawsuit. For example, a truck driver hit by another vehicle on I-95 while on the job may have claims in both systems.
How our Richmond workers’ compensation attorneys can help
Allen & Allen attorneys support clients through every stage of the claims process. Insurance companies have teams working to minimize payouts, but our lawyers focus on protecting your rights.
Navigating the complex claims process
We guide you through forms, deadlines, and commission procedures so your claim remains on track.
Gathering and presenting evidence
Our attorneys collect medical records, accident reports, and witness testimony to build a strong case.
Negotiating with insurance companies
We push back when insurers delay or deny benefits, advocating for fair treatment and accountability.
Representing you at hearings
If your case requires a hearing, our lawyers present arguments and evidence on your behalf.
Maximizing your benefits under Virginia law
By documenting every loss and expense, we help you pursue the highest level of benefits available.
Handling claim denials and appeals
When an insurer refuses to provide benefits, we take the fight to the Virginia Workers’ Compensation Commission through appeals and hearings.
Why choose Allen & Allen
Since 1910, Allen & Allen has stood for integrity, respect, compassion, and trust. These values guide every case we handle. We commit to more than simply providing you with legal representation. We commit to making your fight our fight, ensuring you are treated fairly by the insurance companies, and obtaining justice on your behalf.
That’s what we mean when we say “I am an Allen.” With more than a century of legacy, our firm combines experience with genuine care for the people of Richmond and across Virginia.
Frequently asked questions about workers’ compensation in Richmond
Do I need a lawyer for my workers’ compensation claim?
Some claims move forward without dispute, but many injured workers encounter pushback from insurers. An attorney helps protect your rights, especially if your injury is serious or your claim has been denied.
How much does it cost to hire a workers’ compensation attorney in Virginia?
Most workers’ compensation lawyers, including those at Allen & Allen, handle cases on a contingency fee basis approved by the Virginia Workers’ Compensation Commission. That means you don’t pay upfront legal fees, and the fee comes from a portion of your recovery if benefits are secured.
Can I receive workers’ compensation benefits if I was injured while working from home?
Yes, if you were performing work duties when the injury occurred. For example, if a Richmond employee slips while carrying company files at home, the claim may qualify.
What happens if my employer doesn’t have workers’ compensation insurance?
Employers with three or more workers must carry insurance. If they don’t, the Virginia Uninsured Employer’s Fund may provide benefits, and the employer could face penalties.
Can I be fired for filing a workers’ compensation claim?
No, Virginia law prohibits retaliation against employees for filing claims. If you’re punished or fired after reporting an injury, you may have additional legal rights.
Contact our workers’ comp lawyers in Richmond now
Deadlines for reporting and filing workers’ compensation claims in Virginia are strict, and waiting too long can jeopardize your rights. Allen & Allen has served injured workers in Richmond and across Virginia for more than 100 years, guided by integrity, compassion, and commitment to justice. Call 866-388-1307 today for a free consultation and learn how our attorneys can help with your case.
Allen & Allen’s Office
Address: 1809 Staples Mill Road Richmond, VA 23230
Phone: 866-388-1307