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Frequently Asked Questions About Workers’ Compensation

If you’ve been injured at work, you likely have many questions and concerns. That’s why we’ve provided answers to some frequently asked questions about workers’ compensation in Virginia.

Can I sue my employer if I have been injured on the job?

Workers’ compensation laws generally prohibit you from suing your employer directly. You may be able to bring a claim against a third party, however.

Will I lose my job because I filed a workers' compensation claim?

It is illegal to fire someone for filing a workers’ compensation claim. That being said, some companies fire employees after they file a claim, citing performance issues that are suspiciously timed or have never been a problem in the past.

When should I contact an attorney for help?

Ideally, you should call an attorney right away, before giving official/recorded statements or doing anything else that could limit your benefits.

When should I report the accident/injury?

You need to report your injury as soon as it occurs. If in doubt about whether you are truly injured, you should still report it just to be safe.

Do I have to use the doctor my employer tells me to see?

Your employer should be offering you a panel of three physicians to choose from. If it is a serious accident, you may need to go to the emergency room immediately. After being released from the ER, you should then be given a choice of physicians.

Are there actions I should avoid?

Do not sign documents without having a lawyer look at them first. Don’t agree to give any recorded statements before consulting with your attorney. And avoid using phrases such as “I’m fine” or “I’ll be ok.” You may not know the extent of your injuries until checked by a physician.

Should I talk to the workers' compensation carrier?

No, because they don’t represent your interests. You should only talk to your direct employer and your attorney. You should even limit communication with your employer, because questions that seem like genuine concern could actually be liability questions.

Call Today To Discuss Your Rights And Your Injury Claim

With an office in Lynchburg, Slominski Law represents clients in Lynchburg and across Virginia. To learn more about your rights after a workplace accident, call us at (434) 384-9400 or fill out our online contact form.