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Virginia Workers Compensation

Virginia Workers Compensation


What is Workers’ Compensation?

Virginia Workers Compensation Laws refer to a legal framework to help organize and regulate the institution of funds to those workers who fall victim to illness or injury as a result of their job function. Workers’ compensation is a mandatory form of insurance for the bulk of employers in the United States. Workers compensation insurance Virginia provides statutory benefits to covered workers who are injured during the course of their employment. Therefore, workers compensation insurance Virginia benefits employers by limiting liability and aids employees through the delivery of funds. 

Workers Compensation Insurance Virginia Requirements:

Virginia Workers Compensation law requires every employer who regularly employs over three employees (including part-time workers) to maintain workers compensation insurance Virginia. Virginia employers with fewer than three employees may voluntarily secure workers compensation insurance Virginia by falling under the Workers’ Compensation Act by taking out a policy or qualifying a self-provider.

Virginia Workers Compensation Laws: How do I Obtain Insurance?

The methods to secure workers compensation insurance Virginia are as follows:

1. VA Workers Compensation law allows you to secure payments by purchasing and maintaining a workers compensation insurance Virginia policy from a company licensed in the state

2. VA Workers Compensation law by applying to the Virginia Workers’ Compensation Commission for self-insurance plans

3. VA Workers Compensation law by becoming a member of a group self-insurance association that is formally licensed by the Virginia State Corporation Commission

4. VA Workers Compensation law permits you to secure compensation by entering into an agreement with a state-registered professional employer organization

Virginia workers compensation law states that an insurance agent can assist any Virginia employer in obtaining Workers compensation insurance Virginia. If coverage is not made readily available in the voluntary or regular market, you should contact the National Council on Compensation Insurance. You can reach this organization at (561)-893-1000 for additional assistance. 

Virginia Workers Compensation Laws require that employers prove their workers compensation insurance Virginia by being listed in section 3A of the state’s insurance policy. 

Virginia Workers Compensation Laws: Who is Regarded as an Employee?

Virginia Workers Compensation laws, as a general rule, state that almost everyone working for another entity or person, maintaining a contract of employment is regarded as an employee. Under Virginia Workers Compensation laws, an ‘employee’ can include any of the following:

• Minors

• Family members

• Part-time workers

• Corporate officers

• VA workers compensation law: Managers of limited liability corporations

• VA workers compensation law: Members of any of the following associations: Virginia National Guard, United States Defense Corps of Virginia, Virginia State Defense Force

• VA workers compensation law: Volunteer police, firefighters, rescue workers and other positions if coverage is extended by the governing body for which they work or volunteer for

• VA workers compensation law: Local governments and employees of state including firefighters, police, deputies, Sheriffs, Commissioners of Tax and Revenue, deputies Circuit Court Clerks, Commonwealth’s attorneys and all of their employees.

• Virginia Workers Compensation laws also defines any sole proprietor, member of a limited liability company or all partners of a business entity—if they elect to do so—as an employee

Virginia Workers Compensation Laws: Employee Exceptions

Virginia Workers Compensation law states that some workers are exempt from being considered employees. The list—according to Virginia Workers Compensation laws—of exempt employees include:

• VA workers compensation law: Domestic workers who are hired for the performance of chose, home maintenance or the care and convenience of household members

• Railroad workers working for traditional or common carriers in interstate commerce

• VA workers compensation law: Casual workers (those individuals who do not work in the usual course of a business, profession, occupation or employers trade)

• VA workers compensation law: Licensed real estate professionals whose income is primarily commission-based and /or individuals who work under written contracts specifying independent contractor status while not being treated as employees for federal income tax purposes

• Local officials

• Employees of federal agencies

• Taxi drivers—if only excluded from the federal employment tax

• Non-compensated officers, employees and directors of non-profit entities that are exempt from taxation

• Farm laborers, unless the employer has more than three full-time employees

Virginia Workers Compensation Laws: Employer Duties

The following Workers Compensation Insurance Virginia provisions are placed on employers; the list includes duties that an employer must fulfill.

1. Virginia Workers Compensation Law states that an employer must maintain workers’ compensation insurance if they meet the eligibility standards labeled in the Federal Workers’ Compensation Act.

2. Post a WWC Form 1 (Workers’ Compensation Notice) or similar notice. This posting is required—according to Virginia Workers Compensation laws—by Compensation Commission Rule 7.2. This form can be downloaded on the WWC website located at www.workcomp.virginia.gov

3. VA workers compensation law: Employers must understand that it is illegal to deduct any Workers Compensation Insurance Virginia from employee wages

4. VA workers compensation law: Provide all employees 30 days’ notice if your Workers Compensation Insurance Virginia is not renewed or cancels for whatever reason

Virginia Workers Compensation Law: What needs to be done in the Event of Worker Injury:

1. In the event of a worker injury, Virginia workers compensation laws states that the employer must report each accident to your insurance provider on an official “Employer’s Accident Report.” The carrier is then required to report it to the Virginia Workers’ Compensation Commission in proper format

2. VA workers compensation laws: Virginia Workers Compensation Law states that an employer must provide the injured party with a panel of three doctors to select a majority doctor. In case of an emergency, the injured worker may receive treated in any emergency care facility or hospital. 

3. VA workers compensation laws: Virginia Workers Compensation Law states that the employer must file an agreement for compensation in accepted claims

4. Employers who neglect or refuse to attain Workers Compensation Insurance Virginia can be assessed a civil penalty of up to $5,000. Perpetual failure to attain Workers Compensation Insurance Virginia will result in a formal order prohibiting an employer from operating their business. Moreover, the employer will be subject to criminal prosecution. Therefore, according to Virginia Workers Compensation Laws, an uninsured employer faces significant risk of legal action for damages resulting from workplace injuries. 

Frequently Asked Questions Associated with Virginia Workers Compensation Laws:

What Should I Do If I Have a Problem Getting Benefits?

• VA workers compensation laws: If you are having problem collecting benefits, you must first talk with your employer’s insurance provider or your self-insured employer to investigate why your claim is denied. Typically disputes may be resolved by obtaining medical records or sharing information. If you cannot file a dispute you must file an application for benefits with the Virginia Workers’ Compensation Commission (follow the link provided at the bottom of the page).

Where am I Supposed to File My Claim?

• VA workers compensation laws: If your claim for compensation is rejected or denied or if your employer refuses to provide you with compensation, you must send a written letter/request to the Virginia Workers’ Compensation Commission, located at 1000 DMV Drive, Richmond Virginia, 23220

Are There Time Constraints Attached to my Claim?

• Virginia Workers compensation laws—through the Workers’ Compensation Act—provides a fixed time limit in which may file a claim for compensation. If you fail to file a claim within this time period, you are risking your right to compensation. According to Virginia Workers Compensation Law, an employee must file a claim for workers’ compensation benefits within two years of the date of the accident. For the bulk of occupational diseases, you are required to file a claim within two years of the date you were diagnosed with the disease and within five years of the date you were exposed to the agent that precipitated the disease at work. If after re-assuming employment, you are again disabled, you are required to file a claim within two years of the date for which you were last provided compensation under an Award. 

Can I be fired for Filing For Workers Compensation Insurance Virginia?

• Virginia Workers Compensation Law states that you cannot be fired from filing for workers compensation. Moreover, a witness to your claim cannot be fired for said filing. If you believe you are fired for one of these reasons, you must immediately consult with an attorney. After hearing your case, the workers’ compensation attorney will file a suit with the Circuit Court. 

What Should I do if my Case has been referred for a hearing? What Do I Need to Do? 

• If your case goes to hearing you must adequately prepare for the review. It is extremely important that you are sufficiently prepared to present your evidence at the hearing since there is no opportunity to do later. If your case goes to a hearing, please do the following:

o Arrange to have all associated court documents, witnesses and medical reports at the hearing

o You must understand the exact dates you lost wages/work because of the injury sustained

o Arrange for testimonials/subpoenas of witnesses through the Commission. Remember the fees for subpoenas must be paid for by the individual requesting the subpoena.

o Always be on time for your appointments. 

Information for Certain Business Formations:

Virginia workers compensation laws state that partners and sole proprietors are not covered by workers’ compensation, unless they:

• Give notice to the insurer of said election

• Elect to be covered under the insurance policy for the business practice

These rules also apply to the shareholder of a stock corporation and the member of a limited liability company with only one member

To Claim for Benefits Please Visit Here.