Where To File Your Work Injury Claim

If you are living and working in Northern Virginia as part of the DMV (DC, Maryland, and Virginia), you may have a choice on where to file a claim if you get hurt at work.
There are a couple of general things to keep in mind. First, every state workers compensation system is different and there are different laws that apply depending on where are you file your claim. For the most part, the benefit rate is higher in D.C. than it is in Maryland or Virginia. D.C. worker's compensation law is also generally more favorable to people who are injured while working as opposed to the insurance companies.
It’s important to determine where to file your workers compensation claim because where you file can make a significant difference in the amount of money you receive when you get hurt at work.

Filing A Worker’s Compensation Claim In Virginia

If you are regularly working in Virginia and are hurt at work in Virginia, there may not be a choice of where to file your claim.
Filing in Virginia requires you to complete the Virginia worker’s compensation commission claim form available online. It can be mailed, faxed, uploaded or even delivered to the Virginia worker's compensation commission. But the claim must be filed within two years from the date of injury, even if you are receiving worker’s compensation benefits because the insurance company is paying you.
Like in most states, you also need to tell your employer as soon as possible after your accident, but within 30 days of your work injury. Not reporting an injury to your company right away will mean your medical treatment may be delayed and the worker's compensation insurance company may unnecessarily dispute or question whether your injury occurred at work. All of those factors will delay your ability to get worker's comp benefits for a legitimate on the job injury.
And if you get emergency medical treatment or are hospitalized because you were hurt at work, make sure you tell the doctors and nurses that your injury happened at work and how it happened, even though you won’t have a workers comp claim number or have filed a claim yet. You want to make sure that you consistently tell every new doctor you see that your injury happened at work so there is no question once the insurance company gets your medical records.
Like in the D.C. Worker’s Compensation system, your benefits should be 2/3 of your average salary. However, Virginia has a cap on benefits of $1,102.00 - that is the maximum compensation rate an injured worker can receive, even if you were earning significantly more at the time of your injury (for comparison the max weekly rate in DC is $1,553.00).
So you can see, especially for high wage earners with some work contacts in DC, you should always investigate whether you can file your workers compensation claim in DC.

Speak To An Experienced Worker's Compensation Attorney Who Can Help You Receive Everything You're Entitled To

Questions about where to file your workers comp claim to best protect you and your family? Just call our experienced workers compensation attorneys - we literally wrote the book on worker's compensation in the DMV. 
We are easy to talk to and we make it really easy for you. After answering eight or 10 questions in our confidential no obligation phone call, will give you a plan on the best place to file your workers comp case, whether that’s DC, Virginia, or Maryland. Just give us a call at 202-393-3320 or schedule a free, no obligation consultation here.
Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer
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