Why Some Work Injury Claims Fail (and How a Work Injuries Lawyer Can Prevent Costly Mistakes)

Virginia’s workers’ compensation system is designed to ensure anyone hurt at work can receive medical care and partial wage reimbursement to support them as they heal.

Ideally, anyone with a work-related injury could file a claim and promptly receive the support they need. Unfortunately, many claims fail — but a work injuries lawyer may increase your chances of approval and help you navigate around some of the reasons claims are commonly denied.

Reason 1: Missing Deadlines or Late Filings

If you’ve just suffered a severe injury, your priority is probably on finding medical care — not filing a workers’ compensation claim. However, if you’re intending to file a workers’ comp claim, you don’t have infinite time to do so.

Virginia imposes a two-year statute of limitations on workers’ comp claims, whether it’s regarding a work injury or a work-related disease.

Even if they file the claim on time, some people make the mistake of waiting until the last minute to consult a workers’ compensation lawyer. While it might be possible for a lawyer to assemble and file a claim on short notice, a rushed claim may be missing critical evidence.

By getting in touch with an attorney well ahead of the two-year statute of limitations, you can increase your chances of having your claim approved on the first try.

Reason 2: Lack of Medical Evidence

Like any other kind of insurer, workers’ compensation insurance companies try to avoid paying out claims for work injuries unless absolutely necessary. The more evidence you can present, the harder it is for the insurance company to justify a denial.

An experienced work injury attorney can offer guidance as to what evidence will best support your claim. These are some of the most common types of medical evidence in successful workers’ compensation cases:

• Your doctor’s notes
• A timeline of your treatment
• Results of blood tests or imaging tests
• Records of your prescriptions
• Your medical bills

One important piece of evidence to consider is a case journal or diary. This is a journal where you keep track of how the injury affects you. It doesn’t have to be extremely involved — just a few sentences each day about your pain levels, how your injury restricts your daily activities, and any medical treatments you undergo can be helpful.

Reason 3: Employer and Insurance Disputes

In some cases, it’s not necessarily the insurance company pushing back against your claim — it’s your employer. These are some common arguments employers may use to try to discredit your claim:

• The injury was not work-related
• The injury was the result of intoxication or horseplay
• The injury is not as severe as you claim
• The injury was caused by a pre-existing condition

As an injured employee, you may be unsure of how to effectively argue against your employer in these situations. However, workers’ compensation attorneys have to contend with these arguments on a near-daily basis.

How a Work Injuries Lawyer Can Strengthen Your Claim

The right attorney can be a valuable asset to your case. These are some of the ways your attorney can increase your chances of approval:

1. Gathering and Presenting Evidence

Because work injury attorneys deal with the Virginia workers’ compensation system daily, they understand what evidence is needed for a successful claim.

2. Negotiating With the Insurance Company

Often, a workers’ compensation insurance company will approve your claim on the first try but offer an unfairly low settlement. They do this because many injured workers aren’t sure of the true value of their case.

Your attorney will be able to determine what compensation is fair for your case and attempt to negotiate a reasonable settlement with the insurer.

3. Assisting With Appeals

If your claim is denied at first, you still have options. Your attorney can help you file an appeal with the Virginia Workers’ Compensation Commission and argue your case before the appeals board if needed.

4. Advocating for You Throughout the Process

Sometimes, the mere fact that you have legal representation may work to your advantage.

Your employer and the workers’ compensation insurance company are primarily looking out for their own interests, and they may try to disregard your rights if they think they can get away with it. If they know you have an attorney, they’ll be more likely to take you seriously.

FAQ

How Can Lawyers for Work Injuries Help With Your Claim?

Work injury lawyers have a deep understanding of the Virginia workers’ compensation system. They can help you avoid common pitfalls — and that increases your chances of getting your claim approved the first time around.

What Are Some Common Reasons Workers’ Comp Claims Are Denied?

Some of the most common reasons for workers’ compensation claim denial include missed deadlines, insufficient medical evidence, and disputes with your employer or their insurance company.

What Are Some Common Work Injuries That Lead to Workers’ Compensation Claims?

Some common injuries include those due to repetitive motions (like carpal tunnel), broken bones, injuries from slip/trip and fall incidents, burns, and traumatic brain injuries.

Need a Work Injuries Lawyer?

If you’ve suffered a workplace injury, you don’t have to file a workers’ compensation claim alone. The Commonwealth Law Group team focuses on workers’ compensation, personal injury, and civil rights cases, and we take pride in helping injured workers recover the financial support they need to heal.

If you’ve already filed a Virginia workers' comp claim or if you’re preparing to file one, our team is ready to help. Call or get in touch with us online to get started with a free consultation!