Why Hiring a Workers’ Compensation Lawyer Is Crucial for Your Claim Success

Retaining a workers' compensation lawyer immediately after sustaining a workplace injury is pivotal to the success of a workers’ compensation claim.

Too many people enter the workers’ compensation system confident that they can handle their claims on their own, only to discover that the process is exceedingly complex. Only after their claim is rejected and they’ve lost valuable time do they seek legal assistance. Here’s why that’s a bad idea.

Workers’ Compensation in Virginia: The Basics

Under Virginia law, any employer with three or more workers must provide workers' compensation coverage, whether the employees are regular, temporary, or seasonal. The same goes for employees who are family members, minors, or illegal aliens.

In addition to providing workers’ comp coverage to employees, the state requires employers to report work injuries promptly to their insurers and post a Workers’ Compensation Notice (Form VWC1) in the workplace.

After sustaining an injury on the job, employees have certain responsibilities as well. They must report their injuries to their employers within 30 days and file a workers’ compensation claim with the Virginia Workers' Compensation Commission within the statute of limitations.

If a claimant misses either deadline, the commission may deny them benefits.

A Complex Area of Law

Virginia’s workers’ compensation laws entitle you to a range of benefits if you suffer a workplace injury, such as payment for medical expenses, wage loss replacement, and permanent partial or total disability. However, getting what you're owed requires an understanding of the Virginia Workers’ Compensation Act and a myriad of regulations.

A series of complex procedural rules govern every step of the process. Some apply to employers, while others apply to workers. If you’ve been hurt at work, you must follow these rules — many of which have strict deadlines — to avoid having your claim denied.

Here are a few notable rules that apply to workers:

Employee's Original Claim for Benefits

An employee must file a claim for benefits within two years. The claim must be in written form and be signed. It must also include the claimant’s name and address, their employer’s name and address, the date of the accident, the nature of the injury, the types of benefits sought, and the estimated length of disability.

Dismissal Upon Failure to File Supporting Evidence

If the employee fails to provide supporting evidence within 90 days of the claim-filing date, their claim can be dismissed following a motion from their employer.

Medical Reports

Each party shall promptly provide the other parties with copies of any medical records they receive as they receive them. The parties shouldn’t file medical records with the Commission until a hearing request has been filed.

Pre-Existing Conditions Can Complicate a Case

A variety of factors can complicate what initially might have seemed like a simple workers’ comp case. A pre-existing condition is one example.

Virginia’s workers’ compensation laws only provide coverage for a pre-existing condition when a new injury aggravates it. Common pre-existing conditions that a new injury could aggravate include arthritis, asthma, heart disease, and back, shoulder, knee, hand, or foot injuries.

You may struggle to convince your employer’s insurance company that your recent injury worsened the older condition. In other words, you’ll need evidence, such as medical records that demonstrate how the new injury has affected the pre-existing condition.

How a Lawyer Can Help

An experienced workers’ compensation attorney will have intimate knowledge of these laws and procedural rules and can help you navigate the legal process with ease.

If you try to go it alone, you may miss a deadline or fail to provide robust evidence to support your claim, which could result in fewer benefits or denial. A qualified lawyer will build a solid case on your behalf to ensure that you receive the maximum benefits you’re entitled to under the law.

Certain circumstances can increase your chances of denial. For instance, if you suffered an injury while doing something outside your normal job duties, your claim may be at risk of rejection.

However, a denial isn’t necessarily the end of the road. You have the right to appeal any workers’ compensation decision.

You can file an appeal at four different levels, with the Virginia Workers’ Compensation Commission as the first and lowest venue and the Supreme Court of Virginia as the last and highest. Your lawyer can represent you at each phase of the appeals process.

Preparing for Your First Meeting With a Lawyer

If you’ve scheduled a consultation with a workers’ compensation lawyer, it’s important to show up prepared.

Be ready to provide information about your job, including your title, hire date, and salary. Also, bring along a copy of the injury notification you gave your employer and any relevant medical treatment information, such as the names of providers, visit dates, bills, and records on any pre-existing conditions.

You probably had many questions spring to mind in the aftermath of your accident. Make it a point to write them down and ask your legal counsel for answers.

FAQ

Do I Need a Lawyer?

Some claims can be handled without a lawyer, but many require professional assistance. It’s wise to set up a free consultation with a workers’ compensation attorney before opting to go it alone.

What Are the Minimum and Maximum Compensation Rates in Virginia?

As of July 1, 2024, the minimum workers’ compensation rate in Virginia is $352.50, and the maximum rate is $1,410.

Can I Get a Settlement for My Claim?

It depends on the circumstances surrounding your accident, along with other factors. Your attorney may be able to negotiate a lump-sum settlement with your employer’s insurer.

Get Help With Your Workers’ Comp Claim

Contact Commonwealth Law Group to schedule a consultation after a workplace injury. Our skilled attorneys can guide you through the claims process and help you get the financial aid you need to move forward.