Alexandria Workers’ Compensation Lawyer Obtaining Benefits For Injured Workers
Millions of work-related injuries and illnesses are reported every year in the U.S. Although some people work in more dangerous work environments than others, the fact is that anyone can suffer a work-related injury or illness. If you are injured at work, it’s important to understand your right to workers’ compensation benefits.
The workers’ compensation attorneys at Malloy Law Offices, LLC are passionate about helping injured workers fight for the benefits they deserve. Let us work tirelessly to ensure you are fully compensated for your work-related injuries.
Is My Employer Required to Have Workers’ Compensation Insurance?
Most employers in Virginia are required to have workers’ compensation insurance. By law, employers with at least three part-time or full-time employees must obtain workers’ compensation insurance.
Some workers are classified as independent contractors rather than employees. But you may still be eligible for benefits regardless of this classification. If an independent contractor is injured, a number of factors are taken into consideration to determine whether or not they should be considered an employee, including:
- Who controls the work performed by the independent contractor
- Whether or not the worker can be hired or fired
- How the worker is paid for their work
If it is determined that an employee-employer relationship does exist, the independent contractor can recover workers’ compensation benefits. This is true regardless of how they are classified for tax and benefit purposes.
What Injuries Are Covered Under the Workers’ Compensation Laws in Virginia?
There are two main categories of injuries that are covered by the workers’ compensation laws in Virginia: “injuries by accident” and “occupational diseases.”
You can obtain benefits for an injury by accident if the following conditions are met:
- The injury was sustained at work or a work-related event.
- The injury was caused by a specific work-related activity.
- The injury occurred suddenly at a specific time.
For example, if you suffer a back injury after slipping and falling at work, this would qualify as an injury by accident.
You can obtain benefits for an occupational disease if these conditions are met:
- The disease was directly caused by your work.
- The disease is not a condition that affects the neck, back, or spinal column.
Some examples of occupational diseases include asbestosis, mesothelioma, and silicosis. If you either sustain an injury by accident or develop an occupational disease, you may qualify for workers’ compensation benefits.
How Much Does Workers’ Compensation Pay in Virginia?
You may be entitled to several types of benefits for a work-related injury, including:
- Temporary total disability: These benefits are equal to two-thirds of your pre-injury average weekly wage.
- Temporary partial disability: These benefits are equal to two-thirds of the difference between your pre-injury average weekly wage and your post-injury average weekly wage.
- Permanent partial disability: These benefits are equal to two-thirds of your pre-injury average weekly wage.
- Permanent total disability: These benefits are equal to two-thirds of your pre-injury average weekly wage.
There is a limit on weekly benefits. Your weekly benefits cannot exceed the state’s average weekly wage. If two-thirds of your average weekly wage is more than 100% of the state’s average weekly wage, you will be awarded benefits that equal the state’s average weekly wage.
In addition to these benefits, injured workers can receive medical benefits, which cover the cost of all injury-related medical expenses.
To learn more about the types of benefits you are entitled to—and how much your claim is worth—speak to the attorneys at Malloy Law Offices, LLC today.
How Can A Workers’ Compensation Lawyer Help?
You may be entitled to workers’ compensation benefits, but that doesn’t mean obtaining this compensation will be easy. Disputes often arise during the workers’ compensation claim process between the insurance company and the injured worker. The outcome of these disputes will determine whether or not you are awarded workers’ compensation benefits.
There’s far too much at stake to try to fight for benefits on your own—turn to the workers’ compensation attorneys at Malloy Law Offices, LLC for assistance. With over 15 years of experience, we know how to overcome obstacles, resolve disputes with insurance companies, and secure the benefits you deserve.
Book Your Free Case Evaluation With Our Workers’ Compensation Lawyers in Alexandria
Don’t let a work-related injury completely turn your life upside down. If you’ve been injured at work, seek legal representation from the skilled workers’ compensation lawyers at Malloy Law Offices, LLC. We are dedicated to helping injured workers in Alexandria maximize their workers’ compensation benefits. To schedule a free consultation, call 703-214-4752 or submit your information using the form on this website.