Injured Workers’ Rights Attorneys in Virginia
Know Your Rights After a Workplace Injury in Virginia
If you were injured in a workplace accident or suffered an occupational illness in Virginia, you may have important rights to medical treatment, wage replacement, and disability benefits under Virginia workers' compensation law. However, navigating the Virginia Workers' Compensation Commission system alone can leave you dealing with denied claims, disputed medical treatment, interrupted benefits, or questions about whether you are receiving everything available under the law. This page covers those rights and what to do next. For a full look at the workers' compensation cases we handle and how our attorneys build a claim, visit our Virginia workers' compensation page.
At Kalfus & Nachman PC, our trial attorneys have spent more than 45 years representing injured employees across Virginia, including Norfolk, Newport News, Roanoke, and Virginia Beach. We work directly with insurance companies and their adjusters while building your case around the medical and financial impact of your injury, allowing you to focus on your recovery.
Our firm has recovered more than $1 billion for clients, and our award-winning attorneys have access to medical and life-care planning experts when a serious injury requires a deeper understanding of your future needs. We also offer services in Spanish: Se habla español.
our recent case results we mean business
Over a billion dollars recovered in settlements & Verdicts
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$10.9 Million Traumatic Brain Injury
Settlement for our 2-year-old client who suffered a skull fracture and traumatic brain injury due to a faulty hotel balcony railing
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$10.5 Million Truck Accident
Settlement for our client who suffered a traumatic brain injury from a truck accident
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$7 Million Auto Accident
Settlement for our client who suffered severe and permanent back & spinal cord injuries resulting in paralysis
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$5.147 Million Truck Accident
Settlement for our client who suffered a traumatic brain injury due to a tractor trailer accident
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$2.15 Million Premises Liability
Settlement for our client who sustained multiple severe orthopedic injuries due to a ruptured steel tank
What Rights Do Injured Workers Have in Virginia?
Virginia workers’ compensation law provides benefits to employees who suffer compensable work-related injuries or occupational diseases. Workers’ compensation generally provides a system for obtaining benefits without requiring an injured employee to prove that the employer was negligent.
Depending on the circumstances of your claim, benefits may include:
- Medical treatment for your work-related injury or condition
- Temporary total disability benefits when you are unable to work
- Temporary partial disability benefits when you can work with restrictions but earn less
- Permanent partial disability benefits for certain permanent losses or impairments
- Permanent total disability benefits in qualifying circumstances
- Mileage reimbursement for travel to authorized medical appointments
- Vocational rehabilitation
- Cost-of-living adjustments in qualifying cases
- Death benefits for eligible dependents when a work-related injury or occupational disease results in death
The specific benefits available depend on the nature of the injury, your medical condition, your employment and earnings, and the circumstances of your claim. Each of these is explained in more detail below.
What Workers’ Compensation Benefits Can You Receive?
Medical Benefits
If your workplace injury is covered by workers’ compensation, Virginia law provides for necessary medical treatment related to the injury for as long as that treatment is necessary.
Covered treatment may include:
- Doctor visits
- Specialist care when medically necessary
- Hospitalization
- Physical therapy
- Diagnostic testing
- Prescription medications
- Prosthetic devices
- Other reasonable and necessary treatment related to the work injury
Virginia law generally requires an employer to provide a panel of at least three physicians from which an injured employee can choose a treating physician.
Mileage reimbursement may also be available for travel to and from authorized medical appointments.
Temporary Total Disability Benefits
If a work-related injury leaves you unable to work, you may qualify for temporary total disability benefits.
These benefits are generally intended to replace a portion of your lost wages while you are medically unable to work. Virginia workers’ compensation benefits generally provide approximately two-thirds of the employee’s average weekly wage, subject to statutory minimums and maximums.
There is generally a seven-day waiting period before temporary disability wage benefits begin. If the disability continues for more than 21 days, compensation for the initial seven days may also become payable.
Temporary Partial Disability Benefits
Some injured workers are able to return to work but cannot perform their regular duties or earn their previous wages.
If your doctor places you under work restrictions and you earn less because of your injury, you may qualify for temporary partial disability benefits to help compensate for some of the difference.
Permanent Disability Benefits
Some workplace injuries result in permanent impairment or loss of function.
Depending on the injury, an injured worker may qualify for permanent partial disability benefits based on certain losses, including qualifying loss of use of a body part, amputation, disfigurement, loss of hearing or vision, or certain occupational diseases.
Permanent total disability benefits may also be available in specific circumstances involving severe permanent injuries.
Vocational Rehabilitation
If you cannot return to your previous position because of a work-related injury, vocational rehabilitation may be available in qualifying cases.
Depending on the circumstances, vocational rehabilitation services can include assistance with evaluating your abilities, identifying suitable employment, job placement, training, or other services designed to help you return to work.
Death Benefits
When a compensable workplace injury or occupational disease results in death, certain surviving dependents may be entitled to workers’ compensation death benefits.
These benefits may include wage-loss compensation and certain funeral or transportation expenses, subject to Virginia law.
What Should You Do After a Workplace Injury?
The steps you take after a workplace injury can affect your workers’ compensation claim. If you are injured at work, consider taking the following steps as soon as possible.
1. Report the Injury to Your Employer
Tell your employer about the injury as soon as practicable.
Virginia law generally requires written notice of a workplace accident within 30 days. There are exceptions, but delaying notice can create problems with a claim.
When reporting the injury, provide information about:
- When the accident occurred
- Where it occurred
- What happened
- What part of your body was injured
- The circumstances that caused the injury
Keep a copy of any written report or notification you provide.
2. Get Appropriate Medical Treatment
Seek medical attention for your injury. Tell the medical provider that the injury occurred at work and provide accurate information about what happened.
If your employer provides a panel of physicians, understand your options before selecting your treating doctor. Virginia law generally requires the employer to provide a panel of at least three physicians from which you can choose.
3. Follow Your Doctor’s Restrictions
If your doctor gives you restrictions, follow them.
Those restrictions may affect whether you can return to your regular position, perform light-duty work, or remain out of work while you recover.
Keep copies of medical records, work restrictions, prescriptions, bills, and other documentation related to your injury.
4. File a Workers’ Compensation Claim
Reporting an injury to your employer and filing a claim with the Virginia Workers’ Compensation Commission are not necessarily the same thing.
Virginia law generally requires a workers’ compensation claim to be filed with the Commission within two years of the accident. Certain types of claims, including occupational disease claims, can involve different rules and deadlines.
Filing a claim can help protect your right to seek benefits even if your employer or its insurance carrier has already begun paying some medical expenses or lost wages.
5. Keep Records
Keep copies of documents related to your injury and claim, including:
- Accident reports
- Medical records
- Doctor’s restrictions
- Workers’ compensation correspondence
- Pay stubs
- Time missed from work
- Medical bills
- Prescription receipts
- Mileage records
- Communications with your employer or insurance carrier
Detailed records can be helpful if there is a dispute about your injury, treatment, disability, or benefits.
What If Your Workers’ Compensation Claim Is Denied?
A denied workers’ compensation claim does not necessarily mean that you have no legal rights.
An employer or insurance carrier may dispute whether:
- The injury occurred at work
- The injury arose out of and in the course of employment
- The condition is related to the workplace
- Medical treatment is necessary or related to the injury
- You are entitled to disability benefits
- You can return to work
- The amount of benefits being paid is correct
The Virginia Workers’ Compensation Commission provides procedures for resolving disputes involving workers’ compensation claims.
If your claim has been denied or your benefits have been stopped, an attorney can review the circumstances and explain what options may be available.
Can You Receive Workers’ Compensation and Pursue a Claim Against Someone Else?
Sometimes.
Workers’ compensation generally addresses benefits available through your employment. However, a workplace injury may also involve someone other than your employer.
For example, a workplace injury could involve:
- A negligent driver
- A subcontractor
- A property owner
- A construction company
- A manufacturer
- A defective product
- Another third party whose conduct contributed to the injury
In qualifying circumstances, an injured worker may have a separate claim against a responsible third party in addition to workers’ compensation benefits.
Third-party injury claims involve different legal rules from workers’ compensation claims and can also affect workers’ compensation benefits and liens. An attorney can evaluate whether another party may be legally responsible for your injuries.
Learn more about Virginia Workplace Accidents.
What Types of Workplace Injuries Does Kalfus & Nachman PC Handle?
Our firm represents injured workers in a variety of workplace injury and workers’ compensation matters, including cases involving:
- Construction site injuries
- Industrial accidents
- Warehouse injuries
- Machinery and equipment accidents
- Falls and other serious workplace accidents
- On-the-job vehicle crashes
- Serious lifting injuries
- Repetitive or work-related conditions
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Severe burns
- Other catastrophic workplace injuries
- Fatal workplace injuries
- Third-party liability claims arising from workplace accidents
Whether your injury happened suddenly or developed as a work-related condition, the circumstances of your claim matter.
Our attorneys can review what happened and explain whether workers’ compensation or another type of legal claim may apply.
Does Kalfus & Nachman PC Handle Employment Law Claims?
No. Our practice focuses on representing injured workers in workers’ compensation, workplace injury, and qualifying third-party injury cases.
We do not represent employees in matters involving:
- Wrongful termination
- Employment discrimination
- Sexual harassment
- Retaliation unrelated to a workplace injury claim
- FMLA disputes
- Wage-and-hour disputes
- Unpaid wages
- Employment contracts
- Severance agreements
- General employment disputes
If your primary legal issue is that you were fired, discriminated against, harassed, denied leave, underpaid, or have a dispute over an employment contract, our firm may not be the appropriate firm for your matter.
If you were injured at work or developed a work-related condition, however, we may be able to help.
Our FAQ
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What rights does an injured worker have in Virginia?
A worker with a compensable workplace injury or occupational disease may have rights to medical treatment and wage-loss or disability benefits under Virginia workers’ compensation law. Additional benefits may be available depending on the nature and severity of the injury.
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How long do I have to report a workplace injury in Virginia?
Virginia law generally requires written notice of an accident within 30 days. The law also contains exceptions, so you should report an injury as soon as practicable rather than waiting.
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How long do I have to file a workers’ compensation claim?
For an accidental injury, Virginia law generally requires a claim to be filed with the Virginia Workers’ Compensation Commission within two years of the accident. Different rules can apply to occupational diseases and other circumstances.
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Can I choose my own doctor after a workplace injury?
Generally, your employer should provide a panel of at least three physicians from which you can choose your treating physician. There are circumstances in which different rules may apply, including emergencies or situations addressed by Virginia law.
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Will workers’ compensation pay my medical bills?
If your claim is compensable, workers’ compensation may cover reasonable and necessary medical treatment related to your work injury for as long as necessary. This can include doctor visits, hospitalization, physical therapy, diagnostic testing, prescriptions, and other authorized treatment.
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How much will workers’ compensation pay if I cannot work?
The amount depends on the type of disability benefits you receive and your average weekly wage, subject to Virginia's statutory benefit limits.
Virginia's compensation rates are updated periodically. For example, the maximum weekly compensation rate is $1,507.01, effective July 1, 2026.
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What if I can return to work but cannot perform my old job?
If your doctor releases you to work with restrictions, you may be able to receive temporary partial disability benefits if your injury causes you to earn less than you did before the injury. Vocational rehabilitation may also be available in qualifying circumstances.
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What if my employer or insurance company denies my claim?
You may still have options. A denial can involve disputes about whether the injury was work-related, whether medical treatment is necessary, the extent of your disability, or other issues. The Virginia Workers’ Compensation Commission provides procedures for resolving these disputes.
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Can I sue someone other than my employer for a workplace injury?
Potentially. If someone other than your employer contributed to your injury, a separate third-party personal injury claim may be available depending on the circumstances.
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Does workers’ compensation cover injuries that develop over time?
Some work-related conditions develop gradually rather than from a single accident. Virginia workers’ compensation law recognizes occupational disease claims and other work-related conditions, but the requirements and deadlines can differ from those for an accidental injury.
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What if my workplace injury prevents me from returning to my old job?
Your options depend on your medical restrictions, the nature of your injury, your ability to perform other work, and your workers’ compensation status. Vocational rehabilitation may be available in qualifying cases, and certain permanent disability benefits may apply depending on the injury.
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Patient, understanding, considerate, and loyal. These were the characteristic of Mrs. Carmen Caswell. Job well done!- Leroy M.
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I love this law firm. My lawyer was confident, worked with my needs, and got RESULTS. His name is Ryan Suit. Ella Baskin was also very helpful.- Jasmine G.
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Ms. Vaughn is simply amazing, very professional, and helpful through my disability case... I highly recommend her to handle your case!- Michael W.
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Excellent service, very fast with the lawsuit. I would definitely use Kalfus & Nachman again. Thank you so much for all your help.- Rebecca S.
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Paul and Kathleen were great! Very patient, kind, and their guidance was wonderful. I'm so glad we chose this group to help us with our accident.- Jillian
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The service was comfortable, friendly, and inviting. Everyone seemed to want me to be successful in my recovery and suit. The receptionist, Ms. Ella, was very friendly and helpful.- Jacqueline
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They did an excellent job with my case and had no issues or problems. Call the hurt line they can help.- Benjamin W.
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Kalfus & Nachman are good at what they do. I would recommend them to anyone looking for professional help.- Joann A. W.
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Built to Battle
We know how insurance companies try to limit claims — and after 45+ years, we know exactly how to stop them.
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Serving Since 1979
For over four decades, we've guided thousands of Virginia clients through complex legal challenges, earning trust through proven results.
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Complete Legal Coverage
Personal injury, workers' compensation, Social Security Disability — no matter your situation or location across Virginia, our team is here to provide comprehensive legal support.
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Millions Recovered
From a $10.9M TBI settlement to a $7.1M truck accident recovery — we've secured the financial support our clients need, and we're ready to fight for yours.