Workers Compensation Lawyers
If you have suffered a serious injury on the job, the Richmond workers compensation attorneys at Epperly & Follis, P.C. want you to call them. The Virginia Workers’ Compensation Act states injured employees do not have to prove any person was at fault or prove negligence of the employer to obtain compensation for injuries that happen on the clock.
It is extremely important for employees to be aware of how employers (and their insurance companies) will try to minimize their losses when an employee is injured. Most companies will do anything they can to save money on your claim.
In addition, many workers wait too long to tell their employer about their injury. Depending on the circumstances surrounding your claim, you may have as little as 30 days from the time of the injury to notify your employer of your injuries. This is why it is important to obtain legal representation as soon as possible.
If you have been injured at work, you should immediately contact the attorneys at Epperly & Follis, P.C so you can be assured you are receiving all the benefits available to you.
Our experienced workers’ compensation disability attorneys are ready to serve you. Our team of legal professionals does not approach its cases as mere jobs, but as causes in which larger issues are at stake – causes in which the firm’s lawyers invest personal dedication to see that justice is done.
Common Causes of Workplace Injuries
Slip and fall accidents are common at work. It is easy to trip over a box sitting in the middle of the floor, or to slip on wet floors on a rainy morning.
Carpel tunnel syndrome is a common issue for people who are typing at their computers all day long.
Auto accidents while working on the clock is another common claim. The morning and evening commute is not considered a workplace injury, but those who are injured in car accidents while driving for work related tasks are likely eligible for worker’s compensation.
Overexertion is another one of the most common work injuries. Knee injuries often result from too much walking, lifting, pushing, and other activities in the workplace. Even if it seems like a minor injury, it might not be. You should still report the injury to your manager. In rare instances, several days or weeks may pass before the symptoms of your injury appear.
What To Do After an Injury at Work
- Immediately visit your primary care physician. Head straight to the hospital or call 911 if it is an emergency
- Give a written notice of your medical treatment to your supervisor or other responsible party as soon as possible
- Even if it seems like a minor injury, it might not be. You should still report the injury to your manager. In rare instances, several days or weeks may pass before the symptoms of your injury appear.
Is It Covered Under the Virginia Workers’ Compensation Act
Sometimes, there are situations where it is not clear if you have a workman’s comp. claim. The accident must:
- Occur at work
- Happen at a specific moment in time
- Be identified by a specific activity at work
Some medical conditions can be covered too, especially if the ailment is caused by work activities, and it is not related to the spinal column, the neck, or the back.
How You Are Reimbursed
Workers’ compensation is insurance paid for by employers that provides cash benefits and medical care if an employee becomes disabled because of workplace injuries, regardless of fault. Workers’ compensation benefits entitle you to medical treatment to cure and relieve the effects of your industrial injury. Treatment may include consultations, physical therapy, surgery, hospitalization, drug treatment, nursing care, as well as physical and vocational rehabilitation services. You are entitled to be reimbursed for costs of mileage going to and from your medical appointments. The injured employee may also be entitled to lost wages.
It is important that you are aware of the following:
- Insurance Company Doctors
Your employer may tell you to visit an insurance company doctor to get a “second opinion.” You should consult your lawyer before going to an insurance company doctor. - The term “reasonable medical care”
“Reasonable medical care” includes, but is not limited to, surgery, special treatments, medications or physical therapy. If you refuse recommended treatment, your employer has the right to petition to have your benefits suspended. - The No Discrimination Rule
No one can penalize you for filing a workers’ compensation claim if you have a work-related injury, illness or disease. If you feel that you have been discriminated against because of a worker’s compensation claim, contact Epperly & Follis, P.C immediately. - Retirement
Retirement benefits should not affect the amount you receive under workers’ compensation. Sometimes, however, there are instances where an unsuspecting worker gets benefits reduced upon retirement. Know the details of your pension agreement so that you don’t lose all that is coming to you.
Workplace Injuries vs. Accident Cases
There is a critical difference between workplace injuries and other accident cases. Accident cases are governed by the tort laws. “Tort” means civil wrong, as opposed to criminal wrong. When a person commits a civil wrong he is obliged to pay civil damages to the person or persons injured by his act. Tort cases are based on a fault system. If an injured person can prove that some other person was at fault, that the fault caused an accident, and that the accident caused him an injury, then he is entitled to recover his full measure of damages.
The full measure of damages for a tort includes an allowance for pain and suffering and loss of life’s pleasures. These are often called “general damages.” It also includes compensation for all out-of-pocket losses such as medical bills, property damage, and lost wages.
There are two problems with applying the fault-based system to workplace injuries: First, many industrial accidents happen without the fault of the employer. In those cases, the injured worker is left with nothing but the workers compensation system. Second, in order to prove fault, you need evidence. Evidence of fault usually consists of testimony by witnesses to the accident. In many cases the only witnesses to on-the-job accidents are other employees. Workers compensaton was implemented to protect workers from injuries regardless of fault, but in return workers gave up the right of collecting for pain and suffering from their employer. Because of the complexity of workers compensation laws and the exceptions that exist it is wise to seek the advise of an attorney.
Call Us Even If You Are Receiving Compensation
If you have been injured while on the job, contact Epperly & Follis, P.C. Even if you are already receiving benefits, it may be to your advantage to consult an experienced attorney to ensure that you are receiving the maximum benefits available under the law.
Epperly & Follis, P.C. is a law firm focusing on catastrophic personal injury cases against major defendants such as nursing homes, hospitals, insurance companies, product manufacturers, corporations and municipalities. If you feel that you have the basis for workplace injuries suit, it is important to contact an attorney immediately. The workers’ compensation law firm of Epperly & Follis in Richmond, Virginia will outline the documentation required, the decisions that must be made, and will continue to guide you through the legal process. Call us today at 1-888-703-0109 or (804) 648-6480, or contact us via our online Contact Form.