Elements of a Workers Compensation Claim.

Basics of a Virginia Workers Compensation Case

There are many critical questions that an injured worker or an injured workers attorney to decide if the worker has sustained an injury that is covered under the Virginia Workers Compensation Act. The first question that our attorneys ask is the date of the accident followed immediately by a request for the injured worker to describe how the accident took place. The importance of this question cannot be overstated. In Virginia, whether an injury is covered by workers’ compensation is governed by 65.2 of the Virginia Code and case law that has interpreted the code. In order to prove that an injury is covered in Virginia, the following must be established by the injured worker:

The injured worker must be able to communicate the date on which the accident occurred. The injured worker must show that he or she sustained an “injury” The injury must have “arose out of” the employment The injured worker must also show that the injury occurred during the “Course of Employment” It is the injured worker’s responsibility to file a claim with the Virginia Workers Compensation Commission.

Workers’ compensation laws vary from state to state.

The laws in Virginia are very different than the laws in Washington D.C., West Virginia, North Carolina and every other state. For example, in many states, the injured worker need only demonstrate that the injury occurred while working. In Virginia, the injured worker has a higher burden and must show that the injury “arose” from the employment. In addition, the way in which compensation is calculated is different from state to state and the injured worker’s responsibility. Finally, in many cases, an injured worker has the responsibility to demonstrate that he or she has searched for alternative work. This is an aspect of Virginia Workers Compensation that is distinct from many, if not most, other states.

There are many other factors that an injured worker must consider including:

Did the employee report the accident and injury to the employer? Did the employee properly describe the accident to the employer and to his or her physicians? Did the injured worker have a pre-existing condition that was similar to the injury? Has the injured worker received medical treatment? Does the injured worker have a permanent injury?

Why wait? Click here to schedule a free workers compensation consultation with Attorney B. Patrick Agnew.

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54 reviews on
Patrick McBride
Patrick McBride
July 21, 2023
I was recommended to Patrick by another lawyer, it was the best recommendation I have ever had. I was getting the run around by the workers comp insurance company for months. With in a week of retaining Patrick that changed immediately. He got answers and results that seemed impossible for me to. When you are dealing with Patrick it doesn’t take long to figure out he really does care about your wellbeing and getting you taken care of. You are not just a number to him. He always answers or calls you back, I called him several times late on a Friday left a message to call me Monday not Patrick he called me late Friday. You want find that anywhere. He is always there to answer any questions or concerns you have and happy to do so.He also has a great support staff Jennifer was always so pleasant and helpful. She stayed on top of weekly requirements and anything else I needed help with. Patrick went up against some tough opposition and worked relentlessly to get me a fair settlement. I came to Patrick at my wits end and in the end I feel like things could not have gone any better. Thank you Patrick and Jennifer for all you have done. If you need workers comp help you will not find any better.
Joyce Brooks
Joyce Brooks
June 23, 2023
I will personally recommend anybody to contact this law firm to work with you on any case that’s dealing with and your job. They are so understanding about what you going through and they check on you making sure you are doing well with your Sickness. When I say they take it personally o boy , they will even call on a Sunday. So I tell anyone call this law firm so they can handle all of your Workmancomp cases. I’m so truly satisfied and I really appreciate the law firm of Patrick Agnew. Thanks again guys y’all are the best!!
Brian Webster
Brian Webster
June 19, 2023
Great people doing great work here! Everyone in the office is friendly and professional. They're very good at their jobs and worked hard for me. I couldn't be happier with the service I received.
Steven Taylor
Steven Taylor
April 20, 2023
I couldn’t be any more pleased with my service from Patrick and his team. From start to finish they stuck through and made sure I was always taken care of. I would definitely recommend their legal services.
Ethan Long
Ethan Long
November 21, 2022
Mr Agnew and his team are very professional and very fast on addressing any issues that you may encounter. Would definitely recommend to anyone!
Wendy Pauley
Wendy Pauley
November 18, 2022
The warmth, care and concern of both Mr. Agnew and Jennifer put me at ease, and I knew my case was in good hands. Ongoing communication with Jennifer was excellent, timely, professional; and her work was thorough and detailed. I highly recommend this practice..... they go above and beyond for you!
David Thornton
David Thornton
October 31, 2022
I tried 3 times on my own to get the disability benefits that I deserved and was denied almost immediately each time. I was about to lose my home and fell into major depression and diagnosed having generalized anxiety disorder due to stress. I told myself to try 1 more time. I asked my attorney, who does not specialize in disability cases, who should I contact. He immediately told me to contact B. Patrick Agnew. The firm agreed to take my case. Their paralegal Jennifer Martin was a God send to me. It only took the firm 4 months to help get my benefits approved. If anyone needs a disability attorney, look no further. Make a call and you will not regret it!!!!!

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