Landscaping and outdoor work are integral to Virginia’s aesthetic and environmental appeal. However, these professions come with inherent risks, making it crucial for workers to understand their rights under the Virginia Workers’ Compensation Act. If you’re employed in landscaping or outdoor labor in Virginia, here’s what you need to know about securing workers’ compensation benefits in the event of a work-related injury.
Common Injuries in Landscaping and Outdoor Work
Landscaping professionals face various hazards, including:
- Physical Injuries: Strains from lifting, repetitive motion injuries, and musculoskeletal disorders.
- Equipment Accidents: Cuts or amputations from tools like mowers, trimmers, and chainsaws.
- Falls: Injuries resulting from working at heights or on uneven terrain.
- Chemical Exposure: Reactions to pesticides, fertilizers, and other chemicals.
- Environmental Factors: Heat-related illnesses such as heat exhaustion or heat stroke.Recognizing these risks underscores the importance of workers’ compensation coverage.
Eligibility for Workers’ Compensation in Virginia
In Virginia, businesses with more than two employees are required to carry workers’ compensation insurance. This includes full-time, part-time, seasonal, and temporary workers. For contractors hiring subcontractors, the subcontractors’ employees count toward the total, potentially necessitating coverage.
Steps to Take After a Work-Related Injury
- Immediate Reporting: Notify your employer about the injury as soon as possible, but no later than 30 days from the accident date. Delaying beyond this period could jeopardize your claim.
- Seek Medical Attention: Obtain prompt medical care from an authorized healthcare provider. Ensure all treatments and diagnoses are well-documented.
- File a Claim: Submit a claim with the Virginia Workers’ Compensation Commission within two years of the accident. Missing this deadline may result in losing your right to benefits.
Benefits Available Under Workers’ Compensation
If your claim is approved, you may be entitled to:
- Medical Benefits: Coverage for all necessary medical treatments related to the work injury.
- Wage Replacement: If unable to work, you might receive compensation equaling 66 2/3% of your regular wages, subject to state-imposed limits.
- Permanent Disability Benefits: Compensation for lasting impairments resulting from the injury.
Challenges in the Claims Process
Navigating the workers’ compensation system can be complex. Employers or insurance carriers might dispute claims, questioning the injury’s severity or its work-related nature. In such cases, consulting with a legal professional experienced in Virginia’s workers’ compensation laws can be invaluable.
Preventative Measures for Employers and Workers
While workers’ compensation provides a safety net, prevention is paramount. Employers should:
- Provide Training: Educate employees on safe equipment use and hazard recognition.
- Maintain Equipment: Regularly inspect and service tools and machinery.
- Implement Safety Protocols: Establish procedures for working in extreme weather and handling chemicals safely.
Workers should adhere to safety guidelines, use protective equipment, and report unsafe conditions promptly.
Landscaping and outdoor work contribute significantly to Virginia’s charm and economy. Understanding and utilizing workers’ compensation benefits ensures that those who beautify our surroundings are protected. If you or someone you know has suffered a work-related injury in this field, taking prompt action and seeking appropriate guidance can make all the difference.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://workcomp.virginia.gov/documents/injured-workers-benefits-guide
