Yes. You must file a claim for workers’ compensation benefits within two years of the date of the accident or the date you are diagnosed with an occupational illness. Failure to file a claim within this statutory time limit may prevent you from receiving any benefits.
Yes. If you are receiving benefits for total loss or incapacity, you are still entitled to receive workers’ compensation benefits in Virginia. Payment for the first injury will be suspended during the time that you are receiving payment for the second injury. If you are receiving benefits for partial incapacity, however, you will not be able to recover additional benefits for a second injury.
No. Your employer is prohibited from firing you because you filed a workers’ compensation claim or because you are serving as a witness at another employee’s workers’ compensation hearing. If you believe you were fired for either of these reasons, it is imperative that you consult with an experienced Richmond and Central Virginia workers’ compensation attorney immediately to protect your rights.
Your hearing before the deputy commissioners is an evidentiary hearing, which means that you must be prepared to present all the evidence you have, including witness testimony, medical reports, and other evidence of your injury. Prior to your hearing you should:
It is also important to arrive on time for your hearing.
No. You are not required to have a lawyer and may represent yourself throughout the claims process. You should know, however, that the employer (or insurance carrier) must be represented by a lawyer, which may place you at a disadvantage. Therefore, it may be wise to consult with an experienced Richmond and Central Virginia work injury attorney if any of the following situations arise during your claims process:
These are just some of the situations that can arise that may make you consider hiring a Richmond and Central Virginia workers’ compensation attorney. At Schilling & Esposito, we won’t charge you a fee upfront. Rather, our attorneys’ fees are paid as a percentage of any benefits you receive.
To learn more about how we can help you receive Virginia workers’ compensation benefits, contact Schilling & Esposito at (804) 261-1001 in Richmond or toll-free at 1-888-484-HURT to discuss your case with an experienced Richmond and Central Virginia work injury attorney or click here to fill out our free online case submission form.