How a Skilled Workers’ Comp Attorney Can Help You Navigate Denials

There were 2,569,000 non-fatal work injuries and illnesses in the private industry throughout the nation in 2023. It’s possible to hurt yourself in many ways while working. You have the right to file a workers’ compensation claim to recover your losses, but denials are common, especially if you don’t have a workers' comp attorney helping you.

A denial can mean not receiving the assistance you need to cover basic life expenses. If you’ve had a claim denied, hiring a qualified attorney for workers’ comp cases is essential. Learn about the many ways they can assist you.

Reviewing the Reason for the Denial

One of the most important things a workers’ comp attorney can do for you is assess the reason for the denial. Typically, when you receive a denial letter, it will include the reasons behind that decision.

This letter can help your attorney better understand what other evidence of your injuries may be necessary. If there were errors in the paperwork, that’s something your lawyer can quickly address, too.

Collecting Further Evidence of Your Injury

In a large number of cases, the problem that leads to denial is that there isn’t enough evidence to support the claim. You need to clearly show the kind of injury you suffered, its severity, and how it impacts your life and work. Additionally, it’s critical to establish that the injury occurred while working.

Workers’ comp attorneys know what evidence can be particularly helpful. They’ll gather all pertinent medical records and witness statements, and they can also speak with medical professionals to conclusively connect the injury with your work.

Meeting Critical Appeal Deadlines

There are deadlines for filing a workers’ comp appeal that you may not be aware of. In Virginia, you only have 30 days to appeal. If you’re not careful, you could easily miss this window and be blocked from further legal action. Having an attorney on your side means everything will be filed on time.

Challenging Employer or Insurer Disputes

Your employer or their insurer may try to pin the blame for the injury on you. They may claim that it occurred on your private time or that you violated safety measures and therefore shouldn’t receive benefits.

It’s exceedingly difficult to argue against these assertions while dealing with injuries and getting necessary medical care.

Workers’ comp attorneys have experience with these tactics and can aggressively protect your rights. Your lawyer will present a clear argument showing that you meet all of the criteria to receive workers’ compensation benefits.

Representing You at Hearings

You may need to appear before the Virginia Workers’ Compensation Commission when appealing a decision. This is a formal court hearing and, as such, you shouldn’t attempt it on your own. Your attorney will prepare your case and present it in court on your behalf so you’ll have the best possible chance of receiving the benefits you deserve.

Maximizing Your Workers’ Comp Benefits

Your lawyer will know just how much financial support you need to cover the losses you’ve sustained. They’ll work to get you compensation for your full wages and any ongoing medical needs you have, if applicable.

If you’ve been seriously hurt and will need permanent disability benefits, having an attorney is even more crucial. Insurers frequently do everything possible to deny permanent disability claims.

Reducing Your Stress While Protecting Your Rights

You’re likely dealing with physical and emotional distress along with financial worries. You may not have the bandwidth to worry about legal paperwork, too. With assistance from a skilled workers’ comp attorney, you can focus on healing from your injuries, knowing that your claim is in good hands.

FAQ

What Are the Most Common Workplace Injuries in Virginia?

Slip and fall accidents are common in Virginia. Falls from heights are a problem in the construction industry, as are struck-by accidents. Overexertion is another frequent issue for those who perform repetitive movements or lift heavy objects often. Traffic accidents are a frequent occurrence for those who deliver goods or services.

How Much Does Hiring a Workers' Comp Attorney in Virginia Cost?

Most workers' comp attorneys work on contingency, meaning they only receive payment if they’re able to get their client their entitled benefits or a settlement. The exact percentage they charge varies from one lawyer to another.

Can I Receive Compensation for Non-Economic Losses via Workers' Comp?

No. You can’t receive compensation for pain and suffering, loss of enjoyment of life, loss of consortium, or other non-economic impacts through a workers’ comp claim.

How Long Does the Workers' Comp Appeal Process Take?

Pursuing an appeal can take a few months, though the exact timeline will depend on the complexity of your case and the issues that led to the denial. Working with an attorney will help speed up the process.

Begin Your Workers’ Comp Denial Appeal With Experienced Legal Help

Receiving a workers’ compensation denial letter can be devastating. You may already be struggling financially and could face long recovery periods where you don’t receive the income you need. By hiring an experienced attorney, you can lodge a strong appeal and stand up for your rights.

At Commonwealth Law Group, our Virginia workers’ comp attorneys have years of experience assisting those who have suffered injuries and illnesses at work. We can take care of the legal procedures so you can heal in peace. Contact us today to schedule a free consultation.