Virginia workers' compensation attorney

Who Is NOT Eligible for Workers’ Compensation Benefits?

by Staff Blogger | 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.