No, it is an urban myth that you cannot be fired in Virginia just because you are under a doctor’s care or on workers' compensation. Virginia is an at-will employment state, meaning employers can generally terminate an employee at any time for any legal reason—or even no reason at all—including while you are recovering from a workplace injury.

What the Law Protects

• No Retaliation: Your employer cannot legally fire you solely because you reported a workplace accident or filed a valid workers' compensation claim. Firing you for filing a claim is considered illegal retaliation under Virginia law (§ 65.2-308).
• No Job Guarantee: The Virginia Workers' Compensation Act does not require your employer to hold your job open while you recover, nor does it prevent them from terminating you if you cannot perform your duties or if they do not have work available that fits your medical restrictions.
• Other Legitimate Reasons: An employer can still fire you during your recovery for legitimate, non-retaliatory reasons, such as prior performance issues, a company-wide layoff, or a positive post-accident drug test that violated company policy.

Impact on Benefits

• If you are legally fired while still under medical care or restricted from working, your wage-replacement and medical benefits do not automatically stop.
• If you are released to light-duty work and your employer terminates you or terminated you previously -and that firing was ‘not for cause,’ you may still have a duty to look for other work, to continue receiving wage loss benefits. If the termination was ‘not for cause,’ and you were on an open award for the payment of compensation, your weekly benefits should continue without interruption.

The short answer is, “yes.” In fact, J. Aaron Thomas has recovered several million dollars in combined settlement money for his clients over the course of his career. In the event an injured worker is interested in settling their case, Thomas & Thomas will conduct a settlement analysis of the case and will discuss with the injured worker what a settlement demand might look like. If the injured worker agrees with the proposed settlement demand, Thomas & Thomas will then work on obtaining the maximum settlement value for the injured worker. It is important to remember that being interested in settling a case does not obligate an injured worker to settle. It only means that if the insurance adjuster offers an amount that is pleasing to the injured worker the case can then settle. If the offered amount never arises to the level that satisfies the injured worker, the injured worker simply says, “no thank you,” and the case proceeds along its natural course. If Thomas & Thomas, however, is successful in settling the case, the Workers’ Compensation Commission provides 20% of the lump sum settlement to Thomas & Thomas. This is an excellent value, as personal injury attorneys routinely receive 33.3% of any settlement money they recover.

Emphatically, “yes.” Unless a claim is filed, and an award order entered, the insurance carrier's payment of wage loss and medical benefits is purely voluntary. The insurer can choose to approve benefits or not to do so. Legally nothing can be done to force them to take care of an injured worker and no penalties will be assessed if they fail to do so. This means if the insurance carrier decides not to approve benefits, the entire weight of not being able to work, or only being able to work in a reduced capacity, and the cost of all medical bills associated with treating that injury is shouldered by the injured worker.

Some workers are concerned that filing a workers’ compensation claim is somehow unethical or that they have concerns that filing a claim is the same as suing their employer. While this thought is understandable, it is arises from an incorrect assumption about the Workers’ Compensation system. It is important to understand that in most cases a Workers’ Compensation Claim is filed against insurance company representing the employer—not the employer themselves. Sometimes, the employer even wants to do the right thing and use the policy to take care of an injured worker, and the insurance adjuster will not comply.

While the filing of a claim may make an employer’s insurance premium increase, it is important for a injured worker to keep their focus upon how their injury has effected their ability to work and the cost of the medical care required to treat their injury. Remember, VA, in many cases, has removed the ability of an injured worker to sue their employer for a work place injury. Additionally, there is limited time to file a Workers’ Compensation claim before an injured worker is prevented from doing so. After the time has elapsed to file a claim, all the medical expenses and fall out of not being able to work solely becomes the responsibility of the injured worker. This could very well lead to bankruptcy and financial ruin of the injured work and his or her family. It is far better, therefore, to file a Workers’ Compensation claim to protect your rights and prevent financial ruin.

This is the first error many injured workers make, simply accepting the doctor their employer or insurance adjuster wants them to see.

The unfortunate truth is that not are all doctors are equal; some are better for an injured worker than another, and some are more insurance company friendly. The Workers’ Compensation Commission recognizes this and as a result the prevailing law is that “an employer or insurance company” cannot medically manage an injured workers’ medical care.

The “rub,” however, is that once treatment from a physician is accepted—regardless of how an injured worker gets there—and a treating relationship has been established (in many cases this may occur in just a couple of visits) the Workers’ Compensation Commission then recognizes that physician as the authorized treating physician. The authorized treating physician enjoys a very special status with the Workers’ Compensation Commission. This becomes the sole doctor--and any referrals that doctor makes--whose medical treatment the insurance carrier must make payment. In most cases, the opinion of the authorized treating physician also is given the most amount of weight when the Commission decides a case. Often the outcome of a case hinges upon their opinion. While a change in treating physician is possible, it is in most cases very difficult without the insurance adjuster’s consent. For this reason, the choice of treating physician is a very important decision, and it should only be made after careful contemplation of which doctor is the best for an injured worker.

To combat being sent to a physician,“friendly” to the insurance company, the Workers’ Compensation Commission requires that if medical care is authorized by the employer or insurance company that an injured worker be provided with a panel of 3 doctors from which to choose. A valid panel must be comprised of doctors from different practices, who are specialists in the field of the injury, and are within a reasonable distance from the home of the injured worker. If medical care for your injury has been authorized, it is the responsibility of the injured worker to request a medical panel and not simply accept the doctor his or her employer wishes that worker to see. This also applies to any referrals an authorized treating physician makes. If a referral does not direct an injured worker to a specific provider, the insurance carrier must provide a valid panel to the injured worker from which to choose.

If, however, the claim has been denied or insurance company refuses to issue a panel of medical providers, the injured worker is free to choose any doctor as their authorized treating physician. If the insurer then refuses to pay for those medical visits, reimbursement of medical expenditures related to the work place accident and injury can be pursued before the Commission.

A Virginia Workers' Compensation Full and Final Mediation is a voluntary, confidential, and free dispute resolution process where the injured worker and the employer (or insurance carrier) attempt to permanently resolve the entire workers' compensation claim in exchange for a lump-sum settlement.

Facilitated by the Virginia Workers' Compensation Commission's Alternative Dispute Resolution (ADR) department. If a settlement reached, the final settlement Order, generally speaking, closes the case forever. By accepting a full and final settlement, and having the Commission enter the settlement Order, the injured worker gives up all future rights to benefits, including lifetime medical coverage and wage loss payments, in exchange for the agreed-upon payout.

Characteristics of Full and Final Mediation

• Mandatory Legal Representation: Unlike standard "Issue Mediations" (which resolve smaller, isolated disputes), the Commission strictly requires the injured worker to be represented by an attorney to participate in a Full and Final Mediation.
• Voluntary and Non-Binding: No one can force either party to mediate or accept a settlement. If the parties cannot reach a mutually agreeable dollar amount, the worker retains their full right to an official judicial hearing.
• Structure and Duration: These sessions are typically scheduled for 3 hours and are led by a trained, neutral Commission mediator. The mediator does not judge the case or force a decision but rather helps both sides negotiate.
• Final Approval: If an agreement is reached, it must be drafted into a written compromise settlement agreement and formally submitted to the Commission for final approval before it becomes legally binding.

An Award Order is a judicial order—recognition by the VA Workers’ Compensation Commission—that an injury is protected under the Workers’ Compensation Act. An award order is critically important as it is what places the Workers’ Compensation insurance company on the hook for providing an injured worker with life time medical care and wage loss benefits during the period of complete or partial disability. If an award order is not in place, an insurance adjuster’s willingness to approve medical care and pay wage loss benefits is strictly voluntary. He or She can decide to take care of an injured worker or not, and choosing not to provide medicals and wage loss benefits is not illegal. Once an award order is in place, however, fines and penalties can be assessed against the insurance company for failure to provide medical care and wage loss benefits to an injured worker.

In the Commonwealth of VA, every employer who hires 3 or more employees, and those employees are in regular service in VA, must have workers’ compensation coverage. Significant fines and penalties are assessed against an employer who is required to have workers’ compensation insurance, fails to have the required coverage, and has an employee who is injured in a work related accident. It is essentially an insurance plan that covers employees in the event of an accident. This is why a workers’ compensation claim is not truly filed against the employer, but really against the insurance company the employer has contracted with.