Alexandria Workers’ Compensation Attorneys

Are Employers Required to Carry Workers’ Compensation in Virginia? 

State law requires most employers to carry workers’ compensation. This generally applies to businesses with more than two employees. “Employee” is a broad term that includes part-time, seasonal, and temporary workers, as well as minors, trainees, immigrants, and working family members.

Do I Have to Prove Fault to Receive Workers’ Compensation? 

No. Unlike personal injury claims that require the injured party to prove liability, workers’ compensation is not based on fault. This means that employees can secure benefits regardless of who caused the injury to occur. 

Who Is Eligible for Workers’ Compensation Benefits?

To receive workers’ compensation, you must 1.) be an employee of a covered employer and 2.) sustain an injury or illness that “arises out of and occurs in the course of your employment.” In other words, the injury must occur while performing job-related duties. Our attorneys can investigate the workplace incident to determine potential eligibility and guide you through the process of applying for benefits. 

How to File a Workers’ Compensation Claim

The process of filing for workers’ compensation typically involves the following steps:

1. Report the injury to your employer. We help you provide accurate documentation of your injury and notify the appropriate party within the 30-day deadline.
2. Seek medical attention. We can help you understand your treatment options to avoid interruptions in care and build clear medical records that connect your injury to your job.
3. File a workers’ compensation claim. We can assist with the required paperwork, submit filings, and respond to insurer inquiries to position your claim for approval. 

How Long Do I Have to File a Workers’ Compensation Claim?

To qualify for workers’ compensation benefits, you must notify your employer within 30 days and file a claim with the Virginia Workers’ Compensation Commission (VWC) within two years of the workplace accident. 

For most occupational diseases, claims must be filed within two years of learning the condition is work-related and within five years of your last exposure on the job. If you returned to work and became disabled again, a new deadline may apply based on when compensation was last paid. 

Missing this deadline can jeopardize your ability to receive future benefits, even if your employer has already paid some medical bills or wages. Our knowledgeable advocates can help you determine which statute applies to your situation and take timely action to protect your right to benefits. 

Can Undocumented Workers Receive Workers’ Compensation?

Virginia law does not bar employees from receiving workers’ comp based on immigration status, meaning undocumented workers have the right to seek workers’ compensation. However, certain benefits may be restricted. 

Vocational rehabilitation and job-placement services are often limited because they require lawful work authorization. Additionally, wage-loss benefits may be disputed if the employer challenges documented earnings or claims the worker was paid off the books. 

Undocumented workers often face unique obstacles due to fear of retaliation, language barriers, lack of formal employment records, and pressure from employers or insurers to avoid filing a claim, making it imperative to work with a skilled attorney. 

Our firm proudly represents injured workers from all walks of life. All of our staff members are bilingual, allowing us to provide the highest quality representation to clients of all nationalities and backgrounds while safeguarding their rights at every step.