Should I file a workers’ comp claim?

If you were hurt on the job, you should definitely file a workers’ compensation claim. Filing a claim for your work injury will help you get the compensation you deserve for your injuries. In Virginia, you have two years to file a workers’ compensation claim after the date your accident occurred. Note, there is a difference between reporting your work accident to your employer and the insurance company and filing a claim with the Commission. In order to file a claim with the Workers’ Compensation Commission, you must file a Claim for Benefits. You need to also file with the Workers’ Compensation Commission to protect your workers’ comp rights.

Even if the insurance company is paying you, it doesn’t mean your claim is protected. Until an “Award Order” is entered by the Commission your rights are not set in stone. It is imperative you file a Claim for Benefits and receive an Award Order to protect your workers’ compensation rights.

Filing a Claim for Benefits advises the Commission of your accident and injuries, and advises them of the benefits you are seeking. If you do not file a claim with the Commission within two years after your accident, your claim may be forever barred — and you will be entitled to nothing. So again, yes, you should file a claim with the Virginia Workers’ Compensation Commission to ensure you receive your workers’ comp benefits. Contact our workers’ compensation attorneys today, and we’ll file your claim for you and help you with the workers’ comp process!


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