The Role of Workers’ Compensation Attorneys in Securing Your Benefits

Virginia state law requires all businesses with three or more employees to carry workers’ compensation insurance. However, insurers often do not pay these benefits easily. In many cases, workers’ compensation attorneys must fight claim denials and other tactics formulated to frustrate workers to the point of giving up.

Furthermore, the state’s workers’ compensation system is a unique hybrid of insurance and administrative systems. No other field of law uses the same procedures and legal concepts.

As a result, you will likely require the services of an experienced workers’ compensation attorney to guide you through the process and help you obtain the benefits you need. Turn to Commonwealth Law Group in Richmond, Virginia, for the assistance you need navigating your claim.

Common Challenges in Workers’ Compensation Claims

When a worker suffers an on-the-job injury in Virginia, they should receive workers’ compensation benefits regardless of how the injury or occupational illness happened, with a few limited exceptions.

Nevertheless, the first challenge of workers’ compensation claims in Virginia is understanding the state’s overly complicated procedures. Unlike other states, Virginia does not require employers to file workers’ comp claims on behalf of their workers.

Instead, employees must notify their employers, who, in turn, will inform the Workers’ Compensation Commission. The commission provides the claim form to the employee directly, who must fill it out and return it to the commission.

The commission will then provide the claim form to the claim administrator for the employer’s workers’ comp insurer, who will investigate your claim and decide whether to accept or deny it.

A claim administrator can deny a workers’ comp claim for any of the following reasons:

• The claimant is not an employee
• The claimant waited too long to notify their employer and thus file their claim
• The claimant’s injury or illness was caused by something other than their employment
• The claimant’s injury or illness is a preexisting condition

The claim administrator can also deny a claim because it falls into an exception to the “no-fault” nature of workers’ comp claims. For example, claim administrators can deny claims for injuries caused by the following:

• Worker intoxication
• Intentional self-harm
• An attempt to injure another
• A willful failure to use required safety equipment or follow safety rules

If the claim administrator denies an employee’s claim, their workers’ compensation lawyer can respond with evidence and legal arguments.

How Workers’ Compensation Attorneys Help You Navigate the System

Lawyers who have handled prior claims know both the procedural process and the arguments that can persuade claim administrators and Deputy Commissioners to grant your benefits.

As such, a workers’ compensation lawyer from Commonwealth Law Group will use their experience and legal knowledge to guide you through each stage of the system in the following ways:

Filing Claims

An experienced law firm can write your claim, and claim administrators may have no choice other than to accept a well-written claim. Even if the claim written by your lawyer is denied, it can still lay the groundwork for securing workers’ comp benefits later on.

Gathering Evidence

A claim must meet several elements for a claim administrator to accept it. Specifically, you may need evidence showing the following:

• You work for the company
• Your injury or occupational illness happened in the course and scope of your job
• That the injury or illness did not result from a prohibited act, like intoxication

Our team can gather evidence such as medical records, security videos, and witness statements to support your claim. We can also identify the possible grounds for denial and gather evidence to refute them.

Negotiating Settlements

Workers’ comp benefits include medical treatment and partial wage replacement. When a worker suffers death or permanent disabilities, insurers may choose to pay a lump sum so they can wrap up the claim quickly. A reputable workers’ compensation attorney will fight for a full and fair settlement.

Representation in Hearings

If you proceed with your claim after a denial, you may have a hearing with a Deputy Commissioner. Your attorney and that of the insurer will present evidence and advocate for their side to win. The Deputy Commissioner will then issue an opinion.

Tips for Choosing the Right Workers’ Compensation Attorneys

Experience matters when choosing a workers’ compensation attorney in Virginia. Beyond that, some tips for finding a lawyer include the following:

• Asking co-workers, friends, and family members for referrals
• Searching through online legal directories that give peer and client ratings
• Being wary of online search engine ratings, as they do not verify clients

Schedule consultations with a few lawyers, and make sure you ask questions. You are going to have a working relationship with your lawyer, so you need to pick one who not only understands your goals but will work to achieve them.

FAQ

What Can a Workers’ Comp Lawyer Do if My Claim Was Denied?

You may request a hearing after receiving a claim denial. You can hire a Virginia workers’ compensation lawyer for that hearing even if you did not use one to file your claim. The lawyer will present evidence and testimony that refutes the grounds for denying your claim.

Do I Need a Workers’ Compensation Attorney in Virginia?

You should consider using a workers’ compensation lawyer in Virginia cases that involve complicated medical or legal issues. For example, if your claim is based on cancer that resulted from exposure to toxic chemicals, your lawyer will likely be able to find expert witnesses who will support your claim.

How Much Do Workers’ Compensation Attorneys in Virginia Charge?

Workers’ compensation lawyers charge a contingency fee based on the benefits recovered for you. The Virginia Workers’ Compensation Commission regulates and approves all fee agreements for lawyers appearing in workers’ comp cases. In some situations, the commission can order the insurer to pay your legal fees and costs.

Workers’ Compensation Lawyers Fight for Your Benefits

Workers’ comp insurers have a financial incentive to pay as little as possible for claims, regardless of the injuries you suffered or how they affect you. Your workers’ compensation lawyer protects your right to receive benefits under Virginia law. Contact Commonwealth Law Group today for a free consultation to learn how we fight for injured workers.