The Doctor’s Statement of Causation
Posted by Michele Lewane | Claim Denied - Now What?, Working With A Doctor
In Virginia workers compensation cases, the injured worker bears the burden of proof; meaning that you must prove to the insurance company and/or the Virginia Workers’ Compensation Commission that your injuries are a result of your work place accident. It is up to the injured worker to show that timely notice of the injury was …
Workers Compensation and Willful Misconduct
Posted by Michele Lewane | Claim Denied - Now What?, Hiring A Lawyer
When an employee has a work accident, employers and the workers compensation insurance company sometimes claim willful misconduct as a defense to the claim by the injured worker. Injuries caused by an employee’s willful misconduct are not covered by Virginia workers compensation. To prevail on a defense of willful conduct, the employer must prove that (1) …
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Workers’ Compensation Deputy Commissioners
Posted by Michele Lewane | Claim Denied - Now What?
Workers compensation cases are not heard by judges at the local courthouse. The judge in your Virginia workers compensation case is called a Deputy Commissioner and he or she will have the power to do several things in order to properly determine the outcome of your case. Most commonly, you will see workers compensation Deputy …
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Need Help Getting Your Prescription Filled?
Posted by Injured Workers Law Firm | Claim Accepted - Now What?, Claim Denied - Now What?, Workers' Compensation Benefits
Are you in need of help getting your prescription filled in a timely manner? Our office uses Summit Pharmacy to fill prescriptions for my clients in cases where the insurance company is refusing to pay for necessary medication or if the insurance adjuster is just dragging their feet on the approval. Summit Pharmacy promises to …
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The Top 4 Mistakes to Avoid During a Deposition
Posted by Injured Workers Law Firm | Claim Denied - Now What?
Basically, you will be sitting down with the attorney for the insurance company, your attorney (if you have one), and a court reporter who will type a transcript of all the testimony given that day. Testimony is given under oath and will be presented at the hearing to determine whether or not an individual is …
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Top 6 Very Important Reasons Not to Go to Court on Your Own
Posted by Injured Workers Law Firm | Claim Denied - Now What?, Hiring A Lawyer
There are several very important reasons not to go to a Virginia workers compensation hearing on your own. I hear that a lot of injured workers say that they are willing to “roll the dice” with the and represent themselves at a Virginia workers compensation hearing. They are afraid an attorney will cost them too much and …
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Never Take Someone’s Word That Your Injury Will be Covered!
Posted by Injured Workers Law Firm | Claim Accepted - Now What?, Claim Denied - Now What?, First Steps, Workers' Compensation Benefits
I always get concerned when injured workers tell me that their employer (or the insurance carrier) has made them all these promises that they will be taken care of after a work injury. In fact, I had an injured worker call me today who had an injury several years ago. For conversation sake, we will …
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Workers’ Compensation Terms – Part 5 – Other Lingo (Continued)
Posted by Michele Lewane | Claim Accepted - Now What?, Claim Denied - Now What?, FAQ, First Steps
Remember folks – These additional benefits can affect your workers’ compensation claim in Virginia so if you have applied or even if you are thinking of applying for these benefits, consult your attorney first to prevent any potential problems! *Please remember these terms are provided to give you a clearer picture of what is going …
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Workers’ Compensation Terms – Part 5 – Other Lingo
Posted by Michele Lewane | Claim Accepted - Now What?, Claim Denied - Now What?, First Steps, Non-Workers’ Compensation Benefits
Several terms that are not necessarily workers’ compensation terms can also be thrown in the mix when you are injured at work. I have provided these because they are terms a lot of my clients have come across through the course of their workers’ compensation case. Collecting or even applying for many of these benefits …
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Different Levels of the Virginia Workers’ Compensation Hearings & Appeals Process
Posted by Michele Lewane | Claim Accepted - Now What?, Claim Denied - Now What?, First Steps, Workers' Compensation Benefits
The Virginia Workers’ Compensation Commission is divided into 4 divisions that have different functions. Read on to learn how this process works. Deputy Commissioner – (Division 1) If any part of your claim has been contested (for example, if the insurance carrier refuses to cover your medical care or pay your lost wages) a hearing …
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