Under Title 65.2 of the Code of Virginia, Employers must carry state-mandated insurance that provides medical care, wage replacement and rehabilitation to employees injured on the job.
Injured workers receive payment of reasonable, necessary and causally related medical expenses, and two-thirds of their average weekly wages while they are unable to work. If an injury results in permanent impairment, claimants may also obtain “loss of use” benefits.
The firm handles thousands of cases, with back injuries from heavy lifting the most frequent, followed by knee and shoulder injuries requiring surgery. Construction workers suffer a disproportionate share of claims, reflecting the physical demands and hazards of that industry.
Key Benefit Elements and How Virginia Differs
Like most states, Virginia pays injured workers roughly 66% of their wages and covers medical expenses.
Unlike many jurisdictions that cap benefits after a set period (for example, five years), Virginia entitles workers to a lifetime medical award and, for those permanently disabled, lifetime wage-loss benefits.
Immediate Steps after a Workplace Accident
An injury must be reported to a supervisor within 30 days to preserve the right to benefits. Failing to give timely notice often leads to outright denial.
Equally important is prompt medical evaluation: early treatment improves outcomes and ensures a clear causal link between the injury and any later claims.
The Settlement Process
Settlement is voluntary: once a claimant decides to settle, the attorney and client prepare an evaluation that accounts for future medical needs, lost wages and impairment compensation.
They submit the demand to the insurer, and if it is acceptable, the proposal goes to the Virginia Workers’ Compensation Commission for review and approval. Upon approval, the claimant receives a lump-sum payment and the case is closed.
What Settlements Must Cover
A proper settlement must close out the claimant’s lifetime medical award, compensate for future income loss and include loss-of-use benefits based on a disability rating.
Anticipated surgeries, aftercare costs and ongoing wage-replacement needs are factored into the final demand to ensure all future expenses are secured.
Range of Settlement Outcomes
Settlements vary dramatically. A catastrophic injury requiring lifelong care can justify a seven-figure recovery, whereas a minor finger injury with rapid return to work might settle for under $1,000.
Returning to Work and Ongoing Care
Most clients return to their jobs once medically cleared. The firm’s goal is to secure medical coverage and wage replacement until they can resume earning, and if they cannot, to ensure full compensation for their permanent disability.
When Settlement Cannot Be Reached
Some employers or insurers, especially municipal employers, refuse to settle, or the parties simply cannot agree on value.
In those cases, Falcon ensures clients continue receiving lifetime medical and wage benefits and pursues additional compensation through hearings if their condition worsens.
What to Do If Your Claim Is Denied
Workers whose claims are denied should consult an attorney promptly. Missing procedural deadlines or misfiling paperwork can forfeit benefits.
Most Virginia workers’ compensation lawyers offer a free initial consultation to evaluate the case and advise on next steps.
Deciding Whether to Hire a Lawyer
If you are receiving all entitled benefits, you may handle your case without counsel. However, denial of benefits, insurer tactics, such as requests for written statements, or a scheduled hearing signal that professional representation is necessary.
An attorney safeguards your rights, handles the legal process, and meets all deadlines and proof requirements.
Role and Approach of a Workers’ Compensation Lawyer
A good workers’ compensation attorney listens carefully, explains Virginia’s complex laws, and advocates for the client’s goals.
Strategies may range from direct negotiation to formal litigation or alternative dispute resolution, chosen to best match the client’s needs and comfort level.