Can a Work Injury Attorney Help With Long-Term Disability Claims?

It’s a common misconception that obtaining workers’ compensation benefits following a workplace mishap is straightforward. Virginia’s worker’s comp program is meant to provide benefits to injured workers quickly, but not everyone has this experience. Some individuals require the intervention of a work injury attorney to get their claims approved.

Legitimate workers’ comp claims can be erroneously denied on procedural or other grounds. This risk becomes elevated when you’re applying for long-term disability benefits. Since these delays can cause significant financial harm to you and your family, enlisting the aid of an experienced lawyer early in your case is worth the investment.

Understanding Workers’ Comp and Long-Term Disability

Virginia's workers’ compensation program is a no-fault system that gives financial benefits to eligible workers injured on the job. These benefits include payment of necessary medical expenses and a portion of missed wages. Workers generally receive these benefits until they heal from their injuries and return to work.

Benefits are also available to injured workers with more severe injuries that don’t heal quickly, if at all. Before receiving these long-term benefits, you must show you’ve reached the point of maximum expected medical improvement and are still unable to work. You can then potentially recover up to 80% of your pre-injury wages.

Not everyone who applies for long-term disability benefits will receive them. Virginia’s Workers’ Compensation Commission can deny long-term disability claims for one of several reasons, including:

• Failing to comply with filing deadlines
• Refusing to return to work when a position you could fill becomes available
• Not following through with recommended and reasonable medical care
• Being unable to work due to a pre-existing injury that isn’t work-related
• Not seeing an appropriate medical provider for your care and treatment

If your claim for long-term disability benefits is denied, you’ll have 30 days to appeal. If you fail to do so, your claim will remain denied. If more than two years have elapsed since your workplace injury happened, a denial could mean forfeiting your right to obtain benefits.

Common Challenges in Long-Term Disability Claims and How an Attorney Can Help

An experienced work injury lawyer can assist you in building a successful long-term disability claim. By helping you avoid common errors and prepare for other obstacles, your attorney can reduce the likelihood of your claim being denied, thereby getting you compensation faster.

More specifically, a Virginia work injury attorney can help you with the following tasks:

Meeting Filing Deadlines

You must file your work injury claim within two years of the accident, but there are other deadlines you must meet along the way. Whether failing to respond to requests for additional evidence or missing an appeal deadline, these oversights can cost you benefits you would otherwise receive.

Handling Official Communications

Keeping up with phone calls, letters, and other requests for information can be overwhelming, especially if you’re trying to adjust to a disabling injury. When you hire an attorney, your legal counsel becomes your point of contact regarding your claim. They’ll answer phone calls, letters, and e-mails so you can focus on your recovery.

Gathering Evidence of Your Injury

Although you’re entitled to benefits regardless of who caused your injury, you must still establish that it happened while you were on the job. This will require you to provide evidence not only that you were hurt at work but also that you remain wholly or partially disabled despite medical treatment.

Your work injury lawyer can help you secure medical records, arrange for additional evaluations, and find evidence and witnesses to support your claim. Doing so at the outset increases the chance that your claim will be approved the first time.

Appealing a Wrongful Denial

You must follow a formal appeals process if your claim for long-term benefits is denied. A work injury attorney familiar with these procedures can ensure that the Workers’ Compensation Commission reviews your claim in a timely fashion.

FAQ

Are There Long-Term Disability Benefits for Injured Workers in Virginia?

Virginia’s workers’ comp program includes benefits for workers who are partially or wholly disabled due to workplace accidents. The evidence must show that your disabling injury was the result of a workplace mishap and that your disability persists despite receiving medical care.

For example, a worker who is totally disabled due to a workplace accident can receive up to 80% of their pre-injury wages. This would be in addition to medical care and maximum medical improvement.

Do I Need an Attorney’s Help With My Claim?

There’s no law that says you must have legal counsel — you can hire a work injury lawyer at any time or not at all. However, retaining an attorney early on in your case can help you avoid potential challenges that might otherwise delay the resolution of your claim.

What Should I Look for in a Work Injury Attorney?

Not all attorneys are equally capable of helping you with a long-term disability claim. Look for a lawyer who has extensive experience handling workers’ comp claims, especially ones involving complex injuries or long-term disabilities. Your attorney should communicate well with you and have a concrete plan for tackling your claim.

Turn to Commonwealth Law Group for Assistance With Your Long-Term Disability Claim

Hiring the right attorney to help you with your long-term workers’ comp disability claim can profoundly impact your financial security and peace of mind.

Don’t entrust your claim to an unqualified or inexperienced legal professional. Instead, work with a skilled work injury attorney from Commonwealth Law Group. We’ll help ensure that you get the benefits you deserve as quickly as possible. Contact us today to schedule a free consultation.