Question 1

If I contract COVID-19 at work, can I claim Workers' Compensation?

Accepted Answer

Per recent laws, signed by the Governor, if you are a healthcare worker or a first responder, you could be eligible to receive Workers' Compensation for contracting COVID-19 at work. Because of your role, this could be considered an Occupational Disease. If you have questions about your eligibility and a possible case, please give us a call. Read more

Question 2

Can I claim workers' compensation if I'm injured while driving to work?

Accepted Answer

Typically, an injury that occurs while driving to work will not be covered as it falls under the "coming and going" rule. However, if you're on the clock and injured while driving, you might be covered.

Question 3

If I'm injured in the parking lot, is that covered by workers' compensation?

Accepted Answer

Injuries that occur in work parking lots are usually covered. However, there are some exceptions. The general rule is, once you're on the premises, you're covered.

If an injury occurs in the work parking lot due to inclement weather, it is almost always covered. If you're willingly playing in the snow or on the ice, horseplay is NOT covered! Read More

Question 4

Is carpal tunnel covered under workers' compensation?

Accepted Answer

In order to get carpal tunnel covered under workers' compensation in the state of Virginia, you have to prove that the injury is 100% due to what you're doing at work and couldn't possibly be from something you do off the clock.

Unfortunately, Virginia is the only state in the Union where repetitive and gradually incurred injuries (such as carpal tunnel) are not compensable.

Question 5

How long do I have to report a work-related injury?

Accepted Answer

When you've been injured at work, you need to tell your employer. Ideally, you should tell your employer immediately, but a minor injury might become a bigger issue days later. Virginia workers' comp law states you have 30 days to report an injury.

Question 6

How long do I have to file a workers’ compensation claim in Virginia?

Accepted Answer

In most cases, you have two years from the date of your work-related injury to file a workers' compensation claim in Virginia. Because there are limited exceptions that may affect this deadline, it's important to speak with an experienced workers' compensation attorney as soon as possible to protect your rights.

Question 7

How long will my case take?

Accepted Answer

The timeline of a workers' compensation case can vary greatly depending on the specific circumstances. Eighteen (18) to twenty-four (24) months is not unusual for a workers' comp case. If the case is complicated and goes through many appeals processes it can easily take longer. HammondTownsend will be working in your best interests the entire time.

Question 8

How often do I need to come in to your office?

Accepted Answer

As a client of HammondTownsend, you don’t need to come into the office much at all, if ever. Most of the information will be shared over the phone or over email. You may need to come in if the workers' comp insurance denies a claim and needs to take a deposition. Please don’t just stop by without an appointment to speak to your attorney: there are several HammondTownsend offices across Virginia, and the paralegal and lawyer for your case may not be in the office closest to you on the day you stop by.

Question 9

Do I have to speak in front of a judge?

Accepted Answer

You may have to speak at an evidentiary hearing. The evidentiary hearing is after a workers’ comp insurance claim has been filed and the worker’s comp insurance company, who works for the employer, has denied the claim. The evidentiary hearing takes place in a private courtroom with just your case in it, so the general public can’t hear any details of your private medical history. You may have to answer questions from your attorney and/or from a deputy commissioner from the Virginia Workers’ Compensation Commission. The deputy commissioner serves the same role as a judge in workers compensation cases.

Question 10

What do I do with papers that I get in the mail?

Accepted Answer

Make sure that HammondTownsend has copies of all papers that you get about the case. If HammondTownsend is not listed on the paperwork, or if you are not sure, contact the paralegal assigned to your case. Mileage, job search tracking, and medical paperwork should also be sent to HammondTownsend. The paralegal you’re in contact with will give you instructions for what you should do with different types of paperwork you may receive.

Question 11

What is the difference between a positional risk and actual risk policy?

Accepted Answer

Positional Risk Policy - If you get hurt, and you're at work, then it qualifies as a workers' compensation claim.

Virginia is an "Actual Risk" state. This means that your work CAUSED you to get hurt. How you explain what happened when you were injured is important. Read More

Question 12

Why must I job search while on light duty for workers' compensation?

Accepted Answer

If your doctor has released you to light-duty work and your employer cannot accommodate your restrictions, Virginia law generally requires you to make a reasonable effort to look for suitable jobs in order to continue receiving wage loss benefits. The Virginia Workers' Compensation Commission considers factors such as your medical restrictions, education, work history, and local job market when determining whether your job search efforts are reasonable.

Question 13

What is an IME (Independent Medical Examination)?

Accepted Answer

An Independent Medical Examination (IME) is an evaluation performed by a doctor who is not your treating physician, often selected by the insurance company to provide a medical opinion about your work injury. In Virginia workers' compensation cases, the insurance company is generally allowed one IME per injured body part each year, although your attorney may also recommend an IME if a second medical opinion would strengthen your claim.

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Question 14

Why doesn’t workers’ compensation pay for pain and suffering?

Accepted Answer

Virginia workers' compensation benefits cover medical treatment, wage loss, and other benefits allowed by law, but they do not provide compensation for pain and suffering or the impact an injury has on your quality of life, hobbies, or personal relationships. While treatment to help manage your pain may be covered, the law does not allow injured workers to receive separate monetary damages for pain and suffering.

Question 15

Workers' compensation benefits have been awarded to me. How will I receive them?

Accepted Answer

The workers' compensation insurance company will mail you a check with your benefits.

Question 16

How long can I receive wage-loss benefits?

Accepted Answer

In Virginia, injured workers can generally receive wage loss benefits for up to 500 weeks under the Workers' Compensation Act. While a small number of catastrophic injury cases involving permanent total disability may qualify for benefits beyond 500 weeks, most claims end sooner because the worker returns to work, participates in vocational rehabilitation, or reaches a settlement.

Question 17

Where’s my workers’ comp check?

Accepted Answer

The timing of your workers' compensation check depends on whether you're receiving weekly wage loss benefits or a settlement payment. If you have an award from the Virginia Workers' Compensation Commission and a weekly check is more than 14 days late, penalties may apply. For approved settlements, the insurance company generally has 44 days to issue payment before additional penalties can be assessed.

Read more about what to do if your workers' comp check is late.

Question 18

Should I trust what my employer's lawyer & insurance company tell me?

Accepted Answer

Your employer and the insurance company are looking out for themselves by limiting the time you're out of work and your medical treatment so they don't have to pay. Your employer and the insurance company will have a lawyer... so should you!

Question 19

Can I afford a workers’ comp lawyer in Virginia?

Accepted Answer

When you are injured on the job in Virginia, you can’t afford not to hire a worker’s compensation lawyer. Based on the fee regulations and caps enforced by the VA Workers' Compensation Commission, VA workers' compensation lawyers only make a maximum of 20% in fees of the benefits they win you. VA workers’ compensation lawyers work on contingency. That means they only get paid when you get paid. Since their fees come out of the benefits they win for you, there are no upfront or out of pocket fees you need to pay your VA workers’ compensation lawyer.

Question 20

Do I pay my lawyer if I lose the case?

Accepted Answer

No, in the state of Virginia workers’ compensation lawyers work on a contingency basis. That means they only get paid if you get paid. Their fees are generally a capped percentage of the benefits they win you. They have skin in the game and are motivated to win you the most benefits possible. The amount of money a Virginia workers’ compensation lawyer makes on your case is directly tied to how much in benefits they deliver to you.

Question 21

If I'm injured on the job, what steps should I take and who should I notify?

Accepted Answer

If you are injured on the job, first report the injury to your supervisor at work. Tell them exactly what happened. Second, visit your doctor, tell them exactly what happened. Third, call HammondTownsend. It all starts with our free consultation, a talk with one of our lawyers, and we will walk you through the process. The earlier you call us, the more prepared you'll be. Read More

Question 22

Can I be fired for claiming workers' compensation in Virginia?

Accepted Answer

The short answer is NO. If you’re hurt at work, you should be filing a workers’ compensation claim so that you can get the money you are due. Sometimes, however, people don’t want to file because they think they will be fired. Firing you for claiming workers’ compensation is illegal in Virginia. Virginia has a law that explicitly says that employers can’t fire employees for filing for workers’ compensation, and if they do, the employee can take them to court. Read More

Question 23

Why hire a law firm focused on workers’ compensation?

Accepted Answer

Workers' compensation is a highly specialized area of law, so it's important to choose an attorney who stays current on Virginia workers' compensation laws, case decisions, and rule changes. At HammondTownsend, workers' compensation is all we do, allowing us to devote our full attention and experience to helping injured Virginia workers pursue the benefits they deserve.

Question 24

Why we exclusively represent injured workers in Virginia?

Accepted Answer

Injured workers often face a complex legal system and insurance companies that are not required to explain the rules, deadlines, or benefits available to them. HammondTownsend is dedicated exclusively to Virginia workers' compensation law so we can protect injured workers' rights, guide them through the process, and help them pursue the full benefits they deserve.

Question 25

How can HammondTownsend help me?

Accepted Answer

Because the Workers’ Compensation Act in Virginia focuses heavily on the interests of the employer and its insurance company, consulting an attorney that is highly-skilled in Workers’ Compensation law is critical to winning your case. The experienced attorneys at HammondTownsend will guide you through every step of the Workers’ Compensation process.

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