Carter Craig, Attorneys at Law

Seeking workers' compensation benefits from an employer

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For many Virginia construction workers, there are many hazards that they must deal with. While there are many regulations, safety procedures and inspections that are designed to keep them as safe as possible, there are still many hazards that can leave an employee with serious injuries.

Workers' compensation provides a predetermined amount of benefits to workers who become injured while on the job, no matter who caused the workplace injury. In addition to providing a percentage of wages that are lost during the recovery period, the benefits can include medical care and treatment. Acceptance of these benefits precludes the victim from pursuing a personal injury lawsuit against the employer. However, when the injury was caused by a non-employer third party, such as the manufacturer of a defective piece of equipment, it may in some cases be possible to file a separate lawsuit against such party as well as a workers' compensation benefits claim.

When workers are injured on the job, the first thing they need to do is seek immediate medical attention. The injury should also be directly reported to the employer. This should be done in writing so both the employee and the employer have written copies.

People who are injured on the job may find it difficult to pay their bills. Most employers are required to carry workers' compensation insurance coverage, and thus their employees who are injured are usually eligible to file a claim for benefits. Many employers or their insurers will often attempt to deny or dispute a claim, which is why having the assistance of an attorney throughout the process can be advisable.

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