The Workers’ Compensation Act serves as an insurance for injured workers and protection for employers. While assisting those who have sustained a workplace injury, this acts as a shield for employers who will be protected from lawsuits in civil court with limits on payments provided to the injured employee.
Though the question “Is my injury covered by Workers’ Compensation Act?” may sound like a simple one, it truly is a weighted one. There are several factors that play into an injury that is covered under Workers’ Compensation Act, but the Virginia Workers’ Compensation Commission uses the same few questions when deciding if a claim is covered by Workers’ Compensation.
The first is whether or not an injured person suffered an accidental injury that fits the guidelines explained by the Workers’ Compensation Act. Unfortunately, not all accidents which result in injury are covered by Workers’ Compensation. One must prove through testimonials, i.e. symptoms and physical effects of injury, medical documents and diagnostic films, such as MRIs, that an event caused a change to their body that affects their ability to work. Additionally, the Virginia Workers’ Compensation Commission test to see if said injury was one of actual risks. Essentially, this means that one’s employment caused the injury. Being injured at work is not enough for Workers’ Compensation. Injuries acquired while doing normal activities such as walking, sitting, or standing are often not covered.
Also, one must be at work when the accident occurred. There are some exceptions though that come in the form of working out of town for business, while taking a “personal comfort” break, or while clocking in, that one may be entitled to Workers’ Compensation benefits. Furthermore, pre-existing injuries or conditions that have been made worse by employment may be entitled to Workers’ Compensation assistance. Normally this means that a new injury that occurred in the workplace has exacerbated a pre-existing condition to the point where one is unable to work like before and new symptoms have arisen. In short, an injury resulted suddenly while getting paid by an employer, then it is more than likely that said injury will be able to reap the benefits of Workers’ compensation.
Each claim is different when it comes to Workers’ Compensation benefits which is what makes it so difficult to see if the claim is covered under the Workers’ Compensation Act. The Virginia Workers Compensation Commission, which helps allocate benefits and makes decisions on cases, will look at case details individually in order to see what is covered by the Workers’ Compensation Act.
We’re your Work Comp experts
Have you been injured on the job or contracted an illness due to an unhealthy work environment? If so, then the Norfolk workers’ compensation attorneys at Kalfus & Nachman PC can help you file your lawsuit. There are several laws that can affect the outcome of your case, so it’s extremely important to have a workers' comp lawyer on your side to assist you through the entire process. Get help with your workers’ compensation lawsuit. We specialize in workers’ compensation and help employees who have been injured within the State of Virginia. Contact us today by calling (855) 880-8163.