Ask Geoff: What Should I Do If I’m Injured at Work?

Apr 3, 2017 | Workers' Compensation

If you are injured at work and become disabled, you may be entitled to workers’ compensation benefits. However, insurance companies and employers are always looking for loopholes to avoid paying these benefits. Unfortunately, under Virginia law there are a lot of these loopholes. What you do in the immediate aftermath of your injury and over the next few days or weeks can influence whether you are granted workers’ compensation benefits or not.

Taking a few simple actions when you are injured could potentially save you years of frustration and financial burdens.

Report Your Injury to Your Employer

If you are injured at work, you should report your injury to your employer as soon as possible. Ideally, you should report your injury that same day or the day after. By law, you have 30 days to report your accident, but as a practical matter, sooner is better. The longer you wait to report your injury, the more opportunity your employer has to claim that you hurt yourself doing something else unrelated to work.

It is especially important to report your accident right away if you are injured on a Friday. It is very common for people to be denied benefits if they are hurt on a Friday and do not report until Monday. Your employer will try to claim that you hurt yourself doing something else over the weekend.

The best possible time to report your injury to your employer, if possible, is immediately after it happens.

File a Claim With the Virginia Workers’ Compensation Commission

You must file your own claim with the Workers’ Compensation Commission. Many people do not do this because they are not aware that they need to. Even though you may begin receiving benefits relatively quickly, you still need to file your claim. You have two years in which to file. If you don’t file within the two-year period, your benefits can be cut off.

I once had a client who fell off a ladder and broke his elbow and hip. He was a 60-year-old ironworker, and his doctor declared him disabled from all work. He began receiving benefits checks, but after two years the checks stopped coming. He called the adjuster to ask what was going on. The adjuster told him that the statute of limitations had run out on his case, and he wouldn’t be getting any more checks.

The client had asked when he first started getting benefits if there was anything else he needed to do, and he was told, “No, we’ve got you covered.” The adjuster said that it didn’t matter. The statute of limitations had run, and he would not get any more benefits.

We went to court and alleged fraud, because they lied to the client, saying his benefits were taken care of. After a year-long legal battle, a judge agreed with us and the client’s benefits were reinstated.

So you can see that it’s very important to file your claim with the Workers’ Compensation Commission to make sure you receive the benefits that you’re entitled to. A Richmond, VA workers compensation lawyer at our firm can help to review the details of your claim and determine if there is sufficient grounds to pursue a lawsuit.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    Is a Workplace Injury Outside Normal Duties Covered?

    You may know that you can seek worker’s compensation for an accident that happens at work. But what if you were acting outside of your normal job duties when the accident occurred? Is it still covered? The answer depends on the accident circumstances and whether...

    What If My Workplace Injury Was My Coworker’s Fault?

    If you experienced an injury while completing your job duties, you have a right to seek workers’ compensation to cover your medical care and lost wages. But what happens if your coworker was responsible for your accident?  A Virginia workplace injury lawyer can...

    Are Any Employers Exempt From Workers’ Compensation in Virginia?

    Virginia law requires the majority of employers to carry workers’ comp insurance, which is responsible for compensating ill or injured workers. However, there are a few exceptions to this rule. If you suffered a work-related injury, you’ll need to find out whether you...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald