What to Do When You Are Injured at Work in Virginia

The first few days after a work injury can decide how your whole workers' compensation case goes. What you report, when you report it, which doctor you see and what you say to the insurance company all matter, and mistakes made early are hard to undo.

We always recommend speaking with a workers' compensation attorney as soon as possible after a work accident. Filing a claim may cause your employer's insurance rates to go up, so some employers have a real interest in shutting a claim down before it's ever filed.

If you haven't been able to call an attorney yet, make sure you've taken care of these critical steps.

Step 1: Report the Injury to Your Employer Right Away

Every work injury should be reported to your supervisor immediately, within minutes of the accident if you're able.

Reporting right away does two things. It preserves your right to benefits, and it documents that your accident and injury happened when and how you remember. Without that record, questions come up about what happened between the time of the injury and when it was first reported. Insurance adjusters will deny a claim if they believe too much time passed, suspecting some other event caused the injury.

To protect yourself:

• • Report it verbally and in writing. Follow up with an email or text to your employer, so they can't later deny you ever reported it.
  • Ask to fill out an accident report, and keep a copy for yourself.
  • Describe the accident accurately and consistently. If you're unsure how to describe it, talk to an attorney first.

Reporting Deadlines

Thirty days is the legal deadline, but treat it as an outer limit, not a target. Waiting beyond the day it happened will likely lead the insurance company to deny the claim, and a hearing will then be needed to decide whether it's covered. Waiting past the end of the shift when the accident happened gives the insurer room to argue your injury came from something other than work.

Watch your employer's own rules, too. Some employers have internal policies requiring notice within 24 hours. Missing an internal company deadline can't legally bar you from workers' comp benefits if you're still within the 30-day window, but it can get you fired. Your employer could then argue "termination for cause," which could prevent you from getting certain types of benefits. (See Can I Be Fired for Filing a Workers' Comp Claim in Virginia?)

Your employer's obligation: once you report the injury, your employer must file a First Report of Injury (FROI) with the Virginia Workers' Compensation Commission.

Reporting is not filing a claim. Telling your boss about the injury is not the same as filing a formal claim with the Commission. You must separately file an official claim within two years to preserve your legal rights. (See Insurance Claim vs. Commission Claim.)

Step 2: Ask for a Panel of Doctors

In Virginia, if your employer authorizes medical care, it must give you a panel of at least three medical providers to choose from for your ongoing care. Ask for it. Don't just accept the doctor your employer or the adjuster wants you to see, because the doctor you choose becomes very hard to change later. (See Choosing and Changing Your Doctor.)

Step 3: Get Medical Care and Say It Happened at Work

Go to an emergency care facility or a panel doctor right away. Tell the provider clearly that your injury happened at work, so it's properly documented in your medical records from the very first visit.

Step 4: Get a Written Work Status at Every Doctor Visit

Getting an updated, written work status at each doctor's visit is critical, and it's your responsibility.

Being either totally disabled or on light duty is the basic requirement for workers' comp wage loss benefits. Without a doctor's note stating that you're on light duty or completely disabled, the insurance adjuster won't pay wage loss benefits. At every visit, discuss your physical and mental condition with your treating doctor, and get your updated work status in writing.

Step 5: File a Claim With the Commission

File a formal claim for benefits with the Virginia Workers' Compensation Commission as soon as possible. Filing a claim with your employer's insurance company is not the same thing. Filing with the Commission is what determines your legal rights.

Be Careful With the Insurance Adjuster

Giving a recorded statement to an insurance adjuster without legal representation can be a disaster for a workers' compensation case. Adjusters understand the system well, and they may ask an unsuspecting injured worker questions designed to create a basis to deny the claim. If the adjuster calls before you've had a chance to get advice, it's fine to politely say you're not ready to give a statement.

Talk to a Virginia Workers' Comp Attorney

If you've just been hurt at work, the sooner you get advice, the more options you'll have. Thomas & Thomas Law offers a free consultation. Call 540-613-8616 or fill out our Workers' Comp Consultation Form.

Related: Virginia Workers' Comp FAQs · Virginia Workers' Compensation Attorney