One of the most common questions our experienced Virginia worker’s compensation attorneys receive is related to the issue of payment for medical treatment associated with workplace injuries. Many of our worker’s compensation clients ask us whether it is their employer, the injured worker’s health insurer or the injured worker him or herself that pays the costs of medical treatment for the injured worker in such a scenario. This can be a particularly sensitive issue for those who may not have health insurance, who would then be responsible for the full cost of their medical treatment needed for a workplace injury, or for injured workers whose injuries currently prevent them from working. This is even an issue for people who have health insurance given that most health insurance plans have co-pays, deductibles and all sorts of other ways in which health insurance requires cost-sharing between the insured and the insurer. The good news for injured workers in Virginia, however, is that Virginia worker’s compensation law requires the employer of a worker who is injured in a workplace injury to cover the costs of all treatment related to that workplace injury.
Workers Compensation and Payment of the Costs of Treatment for Workplace Injuries under Virginia Law
When you receive medical treatment for a work-related injury, Virginia law provides that your employer’s worker’s compensation insurer pays for that treatment. An employer’s responsibility to provide coverage for medical treatment associated with a workplace injury depends upon three factors: (1) whether the medical treatment is directly related to the work injury; (2) whether the medical treatment was necessary; and (3) whether the authorized treating physician rendered the treatment or referred the injured worker for additional medical treatment. For medical treatment that meets this test, an injured worker’s employer is required to pay the full amount of any medical treatment that meets these requirements, so there are no deductibles, co-pays or anything like that which the worker would be responsible for paying. This only makes sense, since you suffered that injury at the employer’s workplace in the first place. In another benefit for workers, it is ultimately your treating physician, and not your employer or their worker’s compensation insurer, who decides whether treatment for your workplace injuries is necessary and thus authorized. This means that your doctors looking out for your best interests are the ones deciding whether you should be getting medical treatment for your workplace injury or not, not your employer or their worker’s compensation carrier.
Protect Your Rights by Retaining an Experienced Virginia Workers’ Compensation Attorney
If you have suffered a workplace injury in Virginia, then worker’s compensation coverage exists to cover that scenario. Your employer’s worker’s compensation insurance coverage is here and available to cover the medical expenses and treatment associated with any workplace injuries you may suffer while on the job in Virginia. To learn more about protecting your rights in the Virginia worker’s compensation process, please contact Kalfus & Nachman today at (855) 880-8163 or through the form on this page to schedule a free consultation. Our experienced Virginia workers’ comp lawyers are here to help you.