Workers’ Compensation Information You Need to Know Immediately After a Work Injury

The insurance carrier will deny your claim if they believe they can. The claims adjuster’s job is to protect the insurance carrier, not you. If you get hurt at work, the following suggestions can help:

• Notify your supervisor of the accident immediately; explain what happened and where you are injured.  If you are completing a written accident report explain how you got hurt.  Note any witnesses to the accident in case their testimony is needed later.

• Seek medical treatment as soon as possible, and explain to the medical provider how you were hurt and where you are hurt.  If you wait too long to seek treatment, the insurance carrier can question whether your injuries really happened at work.  

• Do not give the insurance adjusters a recorded statement.  Often the claims adjusters will try to contact you within days of your accident and ask your permission to take a recorded statement as part of their investigation into your injury.  Once you are represented by an attorney, the claims adjusters can no longer contact you, and so they will try to reach you before you are represented.  Do not give them a recorded statement; you can tell them about your injury and they can take notes.  The purpose of a recorded statement is to get you to say things that can be used to deny your case, and the recorded statement can be transcribed and used in litigation against you.

• Always file a claim with the Virginia Workers’ Compensation Commission.  Having a claim with the insurance carrier is not enough and does not protect you; you must also file a claim with the Virginia Workers’ Compensation Commission.  While you have two years from the date of your accident to file your claim, it is better to file your claim with the Commission as soon as possible.  It is very important not to miss this two year filing deadline.

• Consider speaking with an experienced Virginia Workers’ Compensation attorney.  There may well be other issues and concerns within your case that need attention.  We invite you to contact us at 540-552-2052 to discuss your specific case, and the initial consultation is free.