If you slip and fall at work and are injured, you may wonder what to do next. This guide will help you understand your rights, your employer’s potential responsibility, and how to best care for your physical and financial well being while recovering from your injuries.
How long do I have to file a Virginia workers’ compensation claim?
In Virginia, the statute of limitations states that a claim for workers’ compensation benefits must be filed within two (2) years of the date of accident.
What if I slipped and fell at work and it was my own fault?
If the accident happened while you were at work, it does not matter. You still have the right to file a workers’ compensation lawsuit in the state of Virginia.
Should I hire a workers’ compensation attorney after a slip and fall accident that happened at work? Can I handle it on my own?
In Virginia, you are not required to hire an attorney for representation. You should at least consult with an attorney about the incident to determine whether you have a case. Your employer will have legal counsel on their side protecting their best interest, not yours.
Do I have to sue my boss?
Yes, your employer has insurance for this reason, they are required by law to have insurance.
What if death was a result of the accident?
Virginia law provides for families who have lost a loved one. Consult with a workers’ compensation attorney to determine what steps to take next.
Can I change my workers’ compensation attorney while I have a case going on? What will happen to my case?
You have a right to change your attorney at any point during your case. When you make your decision to fire your attorney, your claim will continue. Once you find a new lawyer, write a formal letter to your original attorney explaining that you are terminating the client attorney relationship. When you change attorneys, your new lawyer will typically be required to share his fee with the first lawyer, you will need to discuss this with your lawyer to understand how much you will owe your first attorney.
Do I need to get my own medical records to the insurance company?
Your attorney should be able to obtain all your medical records for you.
I am undocumented, can I still file a claim with the workers’ compensation commission?
Yes, you are entitled to receive medical benefits and compensation. However, only if you are totally disabled. If you are released to light-duty work, the benefits will stop. It is best to consult with an experienced workers’ compensation attorney about pursuing a claim.
I owe child support; will this affect my case?
Yes, in the state of Virginia if you have unpaid child support, a judge can often take any source of income including an accident settlement. Contact your attorney to find out if there are any liens against your settlement.
Can I talk to my employer’s insurance company myself? What if they call me?
The insurance company will try to get an initial recorded statement from you about the incident. Best practice is to consult with a workers’ compensation attorney before speaking to anyone about the accident after reporting it to your employer.
Can I still file a workers’ compensation claim if I work for the government?
You are entitled to file a claim with the federal workers’ compensation commission.
Injured in a slip and fall in Virginia? Call us for help.
If you or someone you know was injured in a slip and fall accident at work, we invite you to contact us for a free consultation. Call us at (804)888-8888 to discuss your case with a lawyer or complete our web form and we will contact you.