After an injury at work, knowing what to do next can help protect your health and your claim. Learn about reporting the injury, seeking medical care, filing a claim, and keeping important records.
1. Report Your Injury Immediately
One of the first steps after a workplace injury is notifying your employer. Under Virginia law, injured employees generally must report their injuries within 30 days of the accident.
Whenever possible, provide written notification that includes the date, location, and circumstances surrounding your injury. Keep a copy for your records.
Delaying your report could complicate your claim or jeopardize your eligibility for benefits.
2. Seek Medical Attention
Your health should always come first. Seek emergency medical treatment when necessary, and explain that your injury occurred at work.
For nonemergency treatment, Virginia employers generally must provide a panel of at least three physicians from which you can select an authorized treating doctor.
Follow your physician’s recommendations, attend scheduled appointments, and maintain records of your treatment. Medical documentation can become important evidence when establishing the nature and severity of your injury.
3. File a Workers’ Compensation Claim
Reporting your injury to your employer does not automatically establish a claim with the Virginia Workers’ Compensation Commission.
In most workplace accident cases, you must file a claim with the Commission within two years of the injury. Certain exceptions may apply.
Filing your claim helps protect your legal rights, even if your employer or its insurance company has already provided medical treatment or wage-loss payments.
4. Document Everything Related to Your Injury
Maintaining accurate records can help support your workers’ compensation claim.
Keep copies of medical reports, workplace incident documentation, communications with your employer, and correspondence from insurance representatives.
You should also document missed workdays, changes in your physical abilities, and expenses related to your injury.
These records may become particularly valuable if questions arise concerning your eligibility for benefits or the extent of your injuries.
5. Understand Your Available Benefits
Depending on your circumstances, Virginia workers’ compensation benefits may include authorized medical treatment, temporary wage-loss benefits, and compensation for certain permanent disabilities.
Not every workplace injury automatically qualifies for benefits, and the amount or duration of compensation depends on the applicable legal requirements.
Understanding your potential benefits can help you recognize whether your claim is being handled appropriately.
6. Speak With an Experienced Workers’ Compensation Attorney
Workers’ compensation claims can become complicated, especially when an insurance company disputes an injury, denies treatment, or challenges eligibility for benefits.
At The Law Offices of Charles W. O’Donnell, P.C., we have spent over 30 years representing injured workers throughout Virginia. Our experienced, bilingual team helps employees understand their rights and navigate the claims process.
If you’ve been injured at work, contact us today for a free consultation. We charge no legal fee if your case is unsuccessful. Call 703-917-4115 to discuss your situation.
