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Government of the United States Virgin Islands

Department of Labor

Workers Compensation

What every worker in the U.S.V.I. should know...

WORKERS’ COMPENSATION INSURANCE

By Virgin Islands Law, you are covered by Workers Compensation benefits to provide for loss of salary and for medical expenses incurred during periods of disablement and/or disease for injuries that arise out of and in the course of your employment.

WHAT IS WORKERS COMPENSATION?

Workers Compensation is an insurance program that provides medical and disability benefits for work-related injuries and diseases. If injured on the job, an employee’s medical treatment costs will be covered by the policy. If disabled following the job injury, the employee will also receive weekly income benefits through the policy until able to return to work. All employers must obtain coverage by purchasing an insurance policy through the Government Insurance Fund of the Virgin Islands.

WHAT DOES WORKERS COMPENSATION INSURANCE DO FOR ME?

The insurance provides 100% of the medical bills not to exceed $75,000 or $200,000 if specialized treatment not available in the Virgin Islands is obtained out of the territory. If lost time from work due to the disability follows the injury, it pays 66 2/3% of the workers average weekly wage, not to exceed 66 2/3% of the average weekly wage of the Virgin Islands for that calendar year.

DOES WORKERS COMPENSATION PAY THESE BENEFITS?

NO. These benefits are paid by the employers through the insurance carrier which is the Government Insurance Fund.

DOES ANY PORTION OF THIS INSURANCE COME FROM MY PAYCHECK?

Absolutely not. If you are a regular employee, Virgin Islands Law requires that your employer carry workers’ compensation insurance for you at all times, regardless of what job you do, and regardless of whether you work full-time or part-time.


IF I AM INJURED, WHAT SHOULD I DO?

  1. 1. When you see your Health Care Provider, and you advise that your injury is work-related, your doctor will file the form on your behalf.
  2. Report the injury, no matter how slight; to your employer with in forty-eight (48) hours. You may lose your rights if your injury is not reported promptly.
  3. Ask your employer to completely fill out the Employer /Employees First Report of Injury Form which must be submitted to the Workers’ Compensation Administration no later than thirty (30) days after the injury.
  4. If time is lost from your job because of the injury, you must complete an Employees’ claim for compensation and submit to the administration.
  5. To complete the claim you must also include:
    1. Any police report or industrial accident report produced as a result of injury;
    2. Certified copy of Employer’s Insurance Certificate or proof of insurance coverage at time of the accident; and
    3. A General Release of all relevant documents on a form prescribed by the agency.

If you should have any questions or concerns regarding your claim, you may contact the Employees Assistance Unit of the WCA for assistance.

WHAT HAPPENS IF MY EMPLOYER HAS NO INSURANCE?

If your employer does not have workers compensation insurance, your benefits may be paid by the Uninsured Employer Sub-Fund. However, instead of receiving compensation under the law, you may elect, at any time prior to the rendering of a decision by the administration, to bring legal action for damages against the employer.

 

WHAT IF I DO NOT RECEIVE THE BENEFITS TO WHICH I BELIEVE I AM ENTITLED?

You may request an Informative Conference with the Dispute Resolution Unit in the Administration. If the information and Assistance Officer is unable to help you, you will be informed of your rights under the law and provide information toward a more formal remedy to the problem.

DO I NEED TO GET AN ATTORNEY?

You have the right to be represented by an attorney, if you wish. However, all parties are responsible for their own legal costs. If there is a dispute, the Administration has the authority to approve the fee for attorneys appearing for employees.

CAN I TAKE MY CLAIM TO A CIVIL COURT?

Any dispute concerning your Workers Compensation benefits should be referred to the Dispute Resolution Unit within the Administration. You must exhaust all administrative measures before seeking court action. If you believe a person other than your employer is responsible for your injury, you may be able to seek remedial damages from that third party in civil court.

IS THE WORKERS COMPENSATION
ADMINISTRATION RESPONSIBLE FOR FINDING A JOB FOR A FORMER INJURED WORKER?

NO! A Workers Compensation Administration cannot assume responsibility for the economic conditions of the workforce. Other alternative solutions would be Vocational Rehabilitation, Job Service, or Human Services. Inability to find work/employment does not, in itself, entitle a claimant to disability benefits.


REMEMBER! YOU HAVE THE RIGHT TO FILE, NOT THE RIGHT TO BENEFITS, UNLESS COMPENSABILITY IS DETERMINED BY THE ADMINISTRATION IN ACCORDANCE WITH THE LAW.