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Law Issues
Virginia Workers' Compensation for Employers
by J. David Griffin, Esq.
dgriffin@winchesterlaw.com
Worker's Compensation in Virginia is a statutory scheme whereby an employer becomes financially responsible for an employee's injuries which arise out of and in the course of employment in a nearly "no-fault" setting. In exchange, an employee cannot otherwise sue the employer. The "damages" are limited to payment of the reasonably related medical and vocational rehabilitation expenses and up to 500 weeks of disability payments at 2/3 of the claimant's average weekly wage, as well as any permanency ratings which the claimant may receive.
There are many simple steps an employer can take to reduce and manage their worker's compensation claims. First, always ensure the requisite worker's compensation posters are posted predominantly throughout the work place. Second, ensure that all supervisors know to immediately follow through with any reports of an injury and ensure that the statutorily required employer's first report is promptly filed with the Worker's Compensation Commission and the insurance carrier. The day the accident occurs the employer should contact the insurance company and also conduct an investigation. The claimant should be asked to write in his own words exactly what happened. The supervisor should interview all witnesses immediately.
Most importantly, the employer can offer a "panel" of three physicians which the claimant must choose from to receive his or her medical care. The employer has the right to select the panel of physicians that the claimant is required to see. These physicians should be cleared with the insurance carrier and be personally interviewed by the employer. There are many physicians who are "patient advocates" who are far more interested in billing for repeated medical visits and possibly unnecessary medical treatment then they are in caring for an injured worker and getting him or her back to work. Indeed, the employer's panel should only include occupational health physicians that are interested in both curing the problem and returning the injured worker back to gainful employment as soon as possible.
There have been many studies over the last few years that demonstrate that if a claimant is not returned to some type of gainful employment within a fairly short time after their injury, they are unlikely to ever return to their full duty employment. By ensuring an injured worker is referred to proper medical care from the very beginning, an employer can both better manage the financial consequences of a worker's compensation injury and better take care of his employees.
The employer and insurer are entitled to copies of medical reports from the physician for all worker's compensation treatment. The employers should carefully review these medical reports and attempt to provide light duty or other work for the employer within the claimant's restrictions as soon as the claimant is cleared to return to any type of work.
There are many short term light duty jobs that would benefit both the employer and the employee if the employer would simply make the job available. For example, a steel worker with a light duty restriction of no lifting more than 10 lbs. could be assigned light duty to perform the occasional plant maintenance, such as sweeping and cleaning the parking lots, "fill in" office work, night security, etc.
Employers are strongly encouraged to look within their facility to see if they can accommodate the restrictions on an injured employee short term while that employee continues to recover.
The benefit of light duty work is two fold. The worker's compensation claims exposure (i.e., if you are self-insured your "payments," and if you are insured, your "premium exposures") are less affected, you get production and the employee remains in the work cycle. Employees that are continuing to work generally will focus on their work and getting better rather than sitting at home 24 hours a day staring at the wall dwelling on their injury and how awful things are becoming, and thus beginning an irreversible downward spiral.
Additionally, employers should actively assert themselves with both their insurance carrier and their defense attorney as a part of the worker's compensation defense/management team. Employers should insist on regular status updates from the carrier and their attorney. Employers should actively question the management of the claim to ensure that they fully understand and agree with the worker's compensation plans for their employees. Most employers will find the insurance carrier and defense attorney to welcome their involvement.
This office actively maintains an employer's worker's compensation practice for all of the Shenandoah Valley and Northern Virginia. We welcome the opportunity to speak with and work with employers in minimizing worker's compensation costs and in taking care of employees.
(C)2000 Winchester Law Group,
P.C. All rights reserved. No copyright claim to the referenced text
prepared by the Virginia State Bar. The preceding article is general
in nature and is not legal advice, which you should obtain from
a licensed Virginia attorney. Nothing in the article or this Web
site may be considered as giving the reader an attorney-client relationship
with any attorneys associated with Winchester Law Group, P.C. Call
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