I have broken this blog post into three parts. I know this is a bit long but I believe 100% that this is helpful information every injured worker in the State of Virginia needs to be aware of. Pay close attention, this information is crucial!!!
QUESTION 8: If you are claiming that my medical treatment is unreasonable, will you pay my doctor to write a detailed report explaining why my treatment has been reasonable, necessary and related to the work accident?
ANSWER: Of course not! The insurance company will always refuse this request. Although the claims adjuster has absolutely no medical training, nothing stops him or her from arguing that your treatment was excessive or unreasonable. This is just one way the insurance carrier will whittle down your claim. An experienced workers’ compensation attorney on your side will solve the problem!
QUESTION 9: Why didn’t you tell me to file a Claim for Benefits form with the Virginia Workers’ Compensation Commission? (even if you are making voluntary payments.)
ANSWER: In Virginia, you only have 2 years from the date of the accident to file your Claim for Benefits against your employer. This is also called the statute of limitations. Sometimes, the workers’ compensation insurance company will intentionally delay and drag out the process or make voluntary payments. Then, before you know it, the 2 year statute of limitations is right around the corner. The insurance company knows that you only have a certain amount of time to file your claim and if you’re backed up against the statue of limitations, there is a good chance no reasonably good attorney will take your case. You will then be forced to accept a settlement that is virtually pennies on the dollar of the true value of what the claim is worth or receive nothing further at all. The insurance company making voluntary payments is not the same thing as filing a Claim for Benefits with the Virginia Workers’ Compensation Commission which ensures your rights. The reason to file your claim with the Virginia Workers’ Compensation Commission is to get an award order. The award order indicates that the insurance company is legally obligated on your claim, that you are entitled to lifetime medical benefits, and details the facts of other benefits if you are entitled to other benefits,
There you have it – insurance adjusters are well trained in the art of misinformation. DON’T BE TAKE ADVANTAGE OF!!! Take a stand by educating yourself to ensure NO ONE is able to pull the wool over your eyes!
If you would like more information on the Virginia workers’ compensation system, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia,” or call our office today (804) 755-7755.
Michele Lewane, Esq.