August 23rd, 2021
Because workers’ compensation is required for almost all employers in Virginia, and because it’s a no-fault benefit, which means that even people who cause their own injuries are eligible, almost everyone who gets injured on the job can apply for and receive benefits. But the key word in the last sentence is “almost.” In fact, many Virginia workers can’t get benefits.
People who may be ruled ineligible to receive workers’ compensation include:
- People who were injured while under the influence—When workers get hurt on the job and were under the influence of drugs or alcohol, they may be ineligible to receive benefits.
- Contractors who aren’t classified as employees—Workers who are paid under 1099s are usually, but not always, exempt from receiving workers’ compensation, especially if their relationship with a business or party doesn’t qualify as an employee-employer relationship.
- People who wait more than 30 days to report their injuries—Being eligible for workers’ compensation benefits requires prompt action and reporting injures right away. If you wait longer than 30 days after your injury to report it, your claim may be null and void.
After an on-the-job injury, it’s important to do three things right away: report it to your supervisor, seek medical attention, and call a lawyer. The sooner you do these three things, the better.
At Lowell Stanley Injury Lawyers, we know that almost all injured Virginia workers are eligible for workers’ compensation, and that’s why our lawyers work hard to get them the benefits they’re owed. Contact us today for a free consultation.
June 28th, 2021
Workers’ compensation is supposed to be a cut-and-dry scenario. Because it’s a no-fault system, injured workers are supposed to be eligible for compensation even if they are at fault for their own injuries. But around 10% of all claims are denied. Although this may seem like a small number, it’s not a percentage you want to risk being part of when you’ve lost your income.
Losing out on benefits and replacement income isn’t the only thing you risk when you file a workers’ compensation claim on your own. You also risk not getting enough money or having to wait much longer than you otherwise would with a lawyer. And even if your claim is ultimately approved, it may take appealing the workers’ compensation board’s decision, which can add critical weeks or months to the process.
The longer it takes for you to get your claim approved, the longer you go without the money you need for your medical bills and daily living expenses. And unfortunately, many people whose claims are initially denied get denied again when they appeal. At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation lawyers work hard to help injured workers get approval whether they are applying for the first time or appealing a denial.
A 10% chance might seem remote initially—but it can be devastating when it happens to you. Don’t run that risk—contact us today for a free consultation. We have the knowledge, experience, and track of record of success to help you get your claim approved as quickly as possible.
April 12th, 2021
When Virginia workers get hurt and can’t do their jobs, they have two options for replacing their income: filing for disability or filing for workers’ comp. Some people think these are the same thing, but they two separate income replacement methods for people who are too hurt or sick to work.
Disability insurance is:
- Provided by private insurance—Many employers offer disability insurance as part of their benefits packages, but it’s typically optional. Employees who don’t purchase it don’t have access to it if they can’t work.
- For all injuries—Injured or sick workers can apply for their disability insurance benefits regardless of where their injuries occurred. That means they can get benefits even if they were injured at home.
- For short- and long-term injuries—Disability insurance is available as both short-term and long-term coverage, the latter of which can cover employees for many years or even decades after they get hurt or sick.
Workers’ compensation is:
- Provided by state-mandated insurance—Virginia requires that almost all employers purchase workers’ compensation for their workers. Applications are reviewed and approved by a state board called the Virginia Workers’ Compensation Commission.
- For work-related injuries only—Workers’ comp only kicks in for workers when they get hurt or sick at work or during work-related activities. If their disability occurs at home or while on vacation, they won’t be covered.
- Typically for short-term injuries—Although workers’ compensation benefits can pay out for a maximum of 500 weeks, most people go back to work much sooner than this. Workers’ comp benefits end when a worker’s doctor says he or she is recovered enough to go back to work.
At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation attorneys have helped many injured workers throughout the state get benefits. Contact us for a free consultation if you were hurt at work and have questions about or need assistance with your claim.
January 18th, 2021
Getting approved for workers’ compensation after an on-the-job injury can be a lifesaver for families who depended on the injured person’s income. But because workers’ compensation can be easily abused by people looking to make easy money, most states have strict requirements and processes for getting approved—and Virginia is no different.
The Virginia Workers’ Compensation Commission (VWCC) doesn’t approve claims or applications willy-nilly. It carefully reviews all claims and heavily scrutinizes all aspects of them. Unfortunately, that intense level of gatekeeping means that some otherwise valid claims may get rejected, especially if applicants miss a single step at any point during the process.
The VWCC’s website includes a list of things that injured workers must do to have a chance of their claims being approved, and they include:
- Report accurate home address—You must report your residential address to the VWCC and immediately update it if you move.
- Report injury or illness to employer within 30 days—Ideally, you should report your injury as soon as it happens. But if you wait more than 30 days, you may be ineligible for benefits.
- Ensure that your employer has reported your injury to the VWCC—Your employer has 10 days after you report your injury to report it to the VWCC. Be sure to follow up with them to verify that it has been reported.
- File your claim directly with the VWCC—You (or your lawyer) are responsible for filing your claim with the VWCC. Don’t let your employer handle this for you—it’s up to you to start the process!
At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation lawyers know that the workers’ comp benefits process can be complex and stressful. We want to make it easier on you and your loved ones. Contact us today for a free consultation.
December 21st, 2020
Almost all employers in Virginia are required to carry workers’ compensation insurance. This insurance helps workers cover their medical bills and lost wages if they get hurt on the job. But as with all types of insurance, the cost goes up when it’s used frequently. Because of that, many employers are reluctant to report injuries to the workers’ compensation board.
In some cases, they may even go as far as denying that their workers suffered injuries, or they may claim that their injuries happened elsewhere or were pre-existing. Unfortunately, many employers count on their injured workers simply giving up or being too afraid of retaliation or termination to pursue benefits. If this happens to you, here are your options:
- Talk to your company’s HR department—If your employer has a human resources department, tell them what’s happening. If your injury was documented, the report can serve as valuable proof of what happened and can help your claim move forward.
- File a claim on your own—Although your employer should provide you with the required forms to submit a workers’ compensation claim, you don’t have to rely on them for this. If they’re uncooperative, you can submit a claim on your own online or through the mail.
- Get a lawyer—Pursuing compensation on your own can be difficult, especially when your employer is uncooperative or even denies your injury occurred. Our Virginia workers’ compensation lawyers can help you through the entire process.
Don’t risk losing out on the money you’re owed after your workplace injury. Contact us today for a free consultation.
October 12th, 2020
When it comes to getting compensation after an accident or injury, most people are conditioned to believe that they can only do so when it wasn’t their fault. After all, that’s true for most types of personal injury cases. And in many people’s minds, victims who cause their own injuries shouldn’t be eligible for compensation anyway!
However, workers’ compensation is different. It’s a no-fault form of compensation that’s paid to workers even if they are at fault for their own accidents and injuries. Employers are required to carry workers’ compensation insurance to protect themselves and their employees in the event of on-the-job injuries, but many injured workers believe they’re ineligible if they were fully or partially responsible for their own accidents.
At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation attorneys have helped many injured employees get full benefits for a variety of injuries. Don’t write off your opportunity for getting money to pay for your living expenses and medical bills after a workplace injury, even if you believe you contributed to it.
And remember—your employer has little say in the matter. Ultimately, it’s up to the workers’ compensation commission, and that’s where we come in. We know what they look for when reviewing and approving claims, and we know how to improve our clients’ odds of success and how to get them their money faster.
Contact us today for a free consultation. Regardless of how you were hurt, you aren’t getting the paychecks you need, and you need a legal advocate on your side to make things better. Let us help you get your life back on track.
July 20th, 2020
While some occupations put workers at greater risk of on-the-job injuries than others, all workers can be hurt while performing their job duties. From construction workers falling off scaffolding to office workers developing repetitive stress injuries, many types of jobs can cause painful, debilitating, and even disabling injuries. When that happens, they should be free to pursue workers’ compensation benefits—but getting approved for them isn’t easy.
When you file a workers’ compensation claim, you need two things to go your way. First, you need your employer to cooperate. Some workplaces try to hide or downplay injuries, and that can make difficult to move forward with a claim. Second, you need the Virginia Workers’ Compensation Commission (VWCC) to take your claim seriously. This governmental body acts as the gatekeeper for compensation claims, but its strict criteria means many valid claims fall through the cracks.
When you get the Virginia workers’ compensation attorneys at Lowell Stanley Injury Lawyers on your side, you get a legal team that knows how to deal with both potential roadblocks. We’ll collect evidence that leaves no doubt about what caused your injury, and we’ll build your application or appeal in a manner that leaves little uncertainty or wiggle room for the VWCC.
Best of all, we know how to expedite the process, so that you’ll spend less time waiting for your checks to arrive and more time focusing on getting better and spending time with your loved ones. Contact us today for a free consultation. We have more than three decades of experience that you can use to your advantage.
April 27th, 2020
Getting hurt on the job isn’t just painful—it can also be devastating for your family’s finances. On-the-job injuries can require expensive medical treatments and ongoing rehabilitation, the costs of which may be too much for you to afford. In addition, your injuries can make it impossible for you to go back to work. That means no paychecks and even no health insurance if you get laid off.
Because of the potential negative consequences of workplace injuries on employees, almost all employers in Virginia are required to carry workers’ compensation insurance. This insurance is designed to pay injured workers a percentage of their wages while they recover from their injuries. However, getting approved for benefits isn’t a guarantee, and the Virginia Workers’ Compensation Commission is notoriously strict when approving or denying applications.
You can improve your odds by taking the following steps:
- Tell your manager or supervisor about your injury right away—Report your injury to a supervising employee as soon as possible. The less time that passes between your injury occurring and you reporting it, the less chance the review board will believe your injury was caused by something else.
- Get medical treatment—After alerting your workplace of your injury, get medical treatment for it. Getting medical treatment not only helps kickstart the healing process, but it also creates an official record of your workplace injury.
- Tell the truth about your injury—Never lie, downplay, or exaggerate the severity of your injury. Always be fully upfront and honest about it, whether you’re talking to your employer, your doctor, or even your lawyer.
After taking these steps, it’s important to contact an experienced Virginia workers’ compensation attorney. At Lowell Stanley Injury Lawyers, we know what it takes to help injured workers like you win their claims. Contact us today for a free consultation.
February 24th, 2020
If you were injured on the job and need to file a workers’ compensation claim, it’s important to keep in mind that the odds may be stacked against you. In an effort to reduce the number of fraudulent claims, the Virginia Workers’ Compensation Commission—like oversight boards in many other states—rigorously reviews all applications. It’s common for first-time applicants to be denied, even when they have plenty of evidence that proves their injuries occurred on the job.
Getting denied for the benefits you need and are owed can be devastating. At Lowell Stanley Injury Lawyers, our Norfolk workers’ compensation lawyers want to help you avoid that—or, if you’ve already been denied, we want to help you appeal the board’s decision. We believe that injured workers should never have to pay out of pocket for accident-related expenses that weren’t their fault, but that’s an unfortunate reality for countless Virginians throughout the state.
When you contact us, whether you’re applying for benefits for the first time or appealing a decision, you’ll get a dedicated, thorough law firm that stops at nothing to maximize our clients’ chances of success. When we build applications or appeals for our clients, we leave no stone unturned throughout the process, and we never let small details slip through the cracks. From ensuring your paperwork is accurate and complete, to ensuring it’s submitted on time and with the evidence necessary to help you get paid, you’ll get the peace of mind you deserve with our team on your side.
Contact us today for a free consultation. We’re ready to get started.
November 18th, 2019
Due to the devastating effects that on-the-job injuries can have on workers and their families, almost all employers in Virginia are required to carry workers’ compensation insurance. The coverage is designed to compensate employees who get hurt or become ill while on the job and can no longer work for long periods of time, making them unable to earn paychecks.
Despite employers carrying this insurance, they’re often reluctant to pay victims the money they’re owed after injury or illness-causing incidents at work. In addition, the Virginia Workers’ Compensation Commission (VWCC) has strict criteria for approving claims, and many first-time applicants are denied—even when they have valid claims and plenty of evidence.
At Lowell Stanley Injury Lawyers, our Norfolk workers’ compensation lawyers know that the process often seems unfair and arbitrary. The VWCC will deny claims for minor reasons, including missing paperwork, late submissions, incomplete forms, and more. Because the process requires so much paperwork and back and forth with the VWCC, it’s easy for first-time applicants to miss a step or overlook something that could cost them their benefits.
When you call our legal team, we’ll work hard to ensure that your claim is built for success. We’ve assisted many other injured workers with their workers’ compensation claims, and we know what it takes to win. Don’t risk your income and your family’s wellbeing by going it alone. Get our experienced law firm on your side, and let us fight for your rights to the money you deserve. Contact us today.