Virginia Workers’ Compensation

What is the Virginia Workers’ Compensation Commission?

The Virginia Workers’ Compensation Commission is an agency of the Commonwealth of Virginia that oversees the resolution of work place injuries in accordance with the Virginia Workers' Compensation Act. Formerly called the Industrial Commission, the Virginia Worker’s Compensation system has existed since 1918. The Workers’ Compensation Act provides for medical, wage replacement, permanent disability, and death benefits for those workers who have suffered work place injuries that fall under the jurisdiction of the Workers’ Compensation Act.

A Workers’ Compensation case essentially takes the place of a traditional personal injury suit against an employer when a worker is hurt. One of the reasons in chief the VA Workers’ Compensation Act was most likely enacted was for a simple reason: economics.The reality is that if everyone who suffered a work place injury sued his or her employer eventually no employer would be able to hire anyone. The Workers’ Compensation system, therefore, takes the place of a traditional personal injury claim against an employer, and in most cases it is the sole remedy for an injured worker. It does not eliminate a 3rd party suit against another negligent party, but if it is a worker’ compensation injury a separate lawsuit against the employer for the same injury is prohibited by State law in the vast majority of cases.

Our Process

For those interested in allowing Thomas & Thomas to represent them, we will either meet in person with an injured worker at their convenience or we will speak with them over the phone to gain an understanding of the injury and accident and how we are able to assist them. We will then go about filing the initial claim before the Workers’ Compensation Commission and working toward obtaining an injured worker the benefits they are entitled to receive. Filing of the initial claim is what initiates the beginning of having of that accident and injury recognized by the Workers’ Compensation Commission and prevents the statute of limitations from running. Once a claim has been filed, we also fight to protect the rights of an injured worker throughout the life of their claims before the Workers’ Compensation Commission.

Payment Options

One of the primary questions many injured workers have for us is, “how does Thomas & Thomas get paid?”

Many injured workers are concerned that they will not able to pay the legal expenses of their representation. The good news is that Workers’ Compensation is contingency work. This means that there are no legal fees to pay unless Thomas & Thomas prevails. Should Thomas & Thomas be successful in prevailing before the Workers’ Compensation Commission, the Commission itself will award an attorney’s fee based upon what is reasonable for the services provided. Normally, this attorney’s fee is paid out of past due benefits owed to the injured worker. If there are no past due benefits, however, it is the practice of Thomas & Thomas to give to the injured worker the option of either paying the awarded attorney’s fee out of pocket or to simply place it on a client’s “tab,” which can then be re-paid at such a time that their case settles.

 

virginia workers compensation

Free Consultation

If you are interested in discussing your work injury with an attorney, please fill out and the VA Workers’ Compensation Consultation Form. You will be contacted within 24 business hours.

Frequently Asked Questions