SO YOU HAVE BEEN INJURED ON THE JOB.

If you are reading this section, you have recently suffered an injury at your place of employment and are wondering what your rights are under the Virginia Workers’ Compensation Act.  The purpose of this section is to advise you of the extent of benefits available to injured employees under the Virginia Workers' Compensation Act, to encourage you to apply for and obtain those benefits and to give you practical tips that will reduce the obstacles often placed in an employee’s way by their employer and help you maximize your return on your claim.

Here at the Bose Law Firm, we strongly believe in the rights of workers and stand ready to help guide you through the maze that is the Workers’ Compensation claim process.  Your employer has an insurance carrier and defense attorneys on their side, all dedicated to denying your claim for benefits.  You need an effective advocate on your side, and the Bose Law Firm is that advocate.

The current Workers’ Compensation system, including that in Virginia, arose from the condition of industrial relations between management and labor at the turn of the last century.  In those days, management held all of the cards, and the worker was at the not so tender mercy of management if they were hurt on the job.  If the employer chose not to help them, the worker would have to prove, before a civil court, that the employer was in some way negligent (at fault) in causing the condition or incident by which the worker was injured.   This standard was very difficult to prove, and many workers were terribly injured or killed on the job, and they and their families received little or no compensation for these accidents.

In response, state governments around the country devised the first Workers’ Compensation laws.  The Virginia workers' compensation law is based closely on the law established in Indiana.  These laws were designed to take the issue of work-related injuries out of the court system, and to provide injured workers with swift and sure relief for their injuries.  In a sense, Workers’ Compensation may be compared to “no-fault” insurance.  The employee no longer has to prove that the employer was negligent, and the employer no longer has access to the legal defenses that were used so successfully to deny workers’ claims in the past.  Conversely, the only remedies allowed to the injured worker are those benefits available under the Workers’ Compensation system.  Injured workers may not sue their employers in civil court, and they may not recover for pain and suffering.  In addition, it should be noted that attorney’s fees for claimant’s are regulated by the Virginia Workers’ Compensation Commission, and are only paid on a “contingency” basis.  In other words, claimant’s attorney fees are only paid on the “contingent” basis that the attorney actually recovers benefits for the claimant, and such fees are regulated so that they do not eat up the claimant’s recovery.  There are no legal fees to pay up front.  Therefore, a workers’ compensation attorney is available and affordable to all, regardless of your economic circumstances. 

In theory, there should be no need for an employee to have to retain an attorney to pursue his claim for Workers’ Compensation benefits.   The system was originally designed not to be a battle between employer and employee, but rather a mechanism by which such claims are quickly and efficiently resolved.  Alas, that is no longer the case.  Premiums for the Workers’ Compensation insurance that employers are required to carry keep going up, and they go up faster for those companies with many claims.  Consequently, your employer has an economic interest in denying your claim, and they will go to great lengths and expense to do so.  That is the reason you need the Bose Law Firm to help you win your claim.

As stated above, an employee who has been injured on the job does not have to prove that any one was specifically at fault in the accident, or prove negligence against his employer.  However, it is not enough to simply say” I had an accident” and expect that said accident will be covered.  In ordered to be covered under the terms of the Virginia Workers’ Compensation Act, and accident must occur at work, or during a work related function; the accident must be caused by a specific work activity, and must happen suddenly at a specific time.  Injuries incurred gradually or from repetitive stress or traumas are not covered.   For example, if an employee lifts an object, and feels a sudden pain causing him an injury, and he can identify that specific incident, the claim will be covered.  However, if an employee lifts objects for weeks at a time, and gradually develops back pain, that is not a specific injury at a specific time, and the injury would not be covered.

Although this may sound simple, the issue of what is a covered accident is often the subject of intense litigation between claimant and employers, and claimants are strongly advised to have an attorney to represent them in presenting their claim.
 
An occupational disease will be covered if it is caused by the work, and is not a disease of the back, neck, or spinal column.   Covered occupational diseases are a continually evolving subject, and a claimant is strongly urged to consult with a lawyer if they believe they have contracted an industrial disease.