Having insurance coverage for workers’ compensation injuries is important for any business. That coverage will provide protection not only for claims that are meritorious, where liability exposure can be many thousands of dollars, but will also provide coverage as well as the cost of a legal defense for claims that may not be meritorious. Having workers’ compensation liability insurance to pay for those defense costs and potential claims can alleviate a major financial burden, and fully justify the premiums.
The benefits provided by the Virginia Workers’ Compensation Act are substantial: lifetime medical expenses without limit, and a base disability period of five hundred weeks.
McCandlish lawyers can help by advising you of the filing requirements; guiding your claim investigation; timely evaluating the claim; determining potential liabilities and benefits; and advising of the most prompt and cost effective disposition.
If my business becomes aware of a work-related injury, what should be done?
Notify your workers’ compensation insurer and file within ten days an employer’s accident report with the Virginia Workers’ Compensation Commission. There are fines and penalties for non-compliance. Additional information is available from the Virginia Workers’ Compensation website: www.vwc.state.va.us.
Should minor injuries be reported?
Yes. The Virginia Workers’ Compensation Commission has separate reporting forms where the anticipated medical expenses for the injury are less than $1,000.00. The injury that initially appears to be minor may become serious. Minor cuts or bruises can become infected or develop complications.
Is every injury that occurs at the work place compensable?
No. Only those injuries or occupational diseases that arise out of or in the course of employment are compensable under the Virginia Workers’ Compensation Act.
How do I know whether the claim should be defended or settled?
The answer will depend upon an investigation of the claim and an analysis of the potential liability exposure by experienced counsel. Whether the case should be resolved by settlement, and the amount to be offered, will often depend upon the probability that the claim will be found to be compensable.
McCandlish Lillard’s workers’ compensation attorneys will be very pleased to hear from you to provide further assistance.