Workers' Compensation Lawyer in Chesterfield
Laws in Chesterfield County and throughout the Commonwealth require most employers to obtain workers' compensation insurance policies to cover their employees in case of an accident.
These insurance policies can provide valuable help in the form of medical care, temporary disability benefits, and settlements when an injury results in a permanent reduction in an employee's ability to work. Because of the value of many of these claims, it is not uncommon for employers and their insurance companies to dispute claims and issue denials. Even so, all workers retain the right to challenge denied claims.
A Chesterfield County workers' compensation lawyer may be able to help if you received a denial of benefits. An experienced personal injury attorney can work to identify the reason for the denial, gather the evidence needed to pursue a challenge, and take the steps necessary to increase your chance of success.Get Started
How Does Workers' Compensation Insurance Function?
Almost all employers in Chesterfield County must carry workers' compensation insurance for their employees. These policies can provide a variety of benefits to help a worker to make a recovery, provide payments while making that recovery, and issue benefits for any lost work ability because of the incident.
Workers' compensation benefits may apply whenever someone suffers an injury arising out of their employment. While this may seem like a simple requirement and one that is easy to prove, many disputes over workers' compensation deal with whether the injury was job-related.
To initiate a claim, a worker must notify their employer of the incident. Additionally, the employee must also file a claim with the Virginia Workers' Compensation Commission. Once this is complete, the case is in the hands of the insurance company. A Chesterfield County workers' comp attorney can provide more information about the purpose of workers' compensation and what an employee must do to obtain benefits.
Challenging a Denied Claim
Denials for workers' compensation benefits are common. These can take the form of complete denials or situations in which an insurance company offers an inadequate benefits. In either event, an injured worker has the right to challenge the denial.
Insurance companies may deny a workers' compensation claim for many reasons. Perhaps the most common is a lack of connection between the condition and the employee's work. While workers' compensation benefits apply regardless of who is at-fault for an injury, qualifying injuries must have arisen out of employment. For example, if an employee slips in the parking lot on the way into work and breaks an ankle, the insurance company may argue that this injury did not occur while on the job.
Other reasons for denials may include:
- A failure to notify an employer about the injury in a timely manner
- A failure to file a timely claim with the Workers' Compensation Commission
- The injury was not serious enough to warrant benefits
- The employee did not follow up with all necessary medical care
What is the Process for Challenging a Denial?
Effectively challenging a denial can be a complex process. The Workers' Compensation Commission allows any injured employee to request a hearing before a Deputy Commissioner. During these hearings, both sides have the chance to call witnesses, introduce documentary evidence, and make their claims in person. The Deputy Commissioner will then issue a decision. It is possible to appeal this Commissioner's decision before the full Commission if either side disagrees with the result. A Chesterfield County workplace injury lawyer can help when an insurance company denies a claim for benefits.
Let a Chesterfield County Workers' Compensation Attorney Fight for Your Rights
Every worker deserves the chance to earn a living free from any unreasonable risk of physical harm. If you suffer an injury while on the job, you deserve medical care, income benefits while unable to work, and lump-sum payments for any permanent disability.
Sadly, denials of these benefits are common. Insurance companies may argue that your condition is not serious enough to warrant full benefits, or that your condition was not related your work. No matter the reason for a denial, you have the right to challenge it.
A Chesterfield County workers' compensation lawyer can work to identify the reason for a denial, gather evidence, and help you challenge a denied claim. Call today to schedule a consultation and discuss your options.
Workers' Compensation Practice Areas
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If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or or use the form below to connect with our legal team. We will fight to get you the justice you deserve.