Unfortunately for workers suffering from job-related injuries, insurers are always looking for loopholes to reduce the amount of Virginia Workers’ Comp payouts. If there are any discrepancies on your employment application, they may make Workers’ Compensation fraud allegations and deny your claim.
If you feel your case was wrongly denied, you don’t have to give up right away. You can still take your case to the Workers’ Comp Appeals Board and speak to a Workers’ Comp attorney about all your legal options.
If misrepresentation is an issue with your case, the law says that:
- it must have been a significant misrepresentation;
- the employer relied on it; and
- there was a relationship between the misrepresentation and the job-related injuries.
So if you didn’t tell your employer about your previous back injuries at the time of your employment, you could be legally barred from your Workers’ Comp benefits in Virginia if you wind up hurting your back on the job.
However, if you failed to disclose your back problems but wound up suffering a head injury in a slip and fall accident at work, your employer couldn’t hold that against you; their Workers’ Comp fraud and misrepresentation arguments would be null and void.
It would be wonderful if all the parties worked together to resolve all Workers’ Comp cases in an honest, straightforward manner, but that’s often not the case. If you’re having problems with your benefits, or if your claim has been wrongly denied, take your case to an experienced Virginia Workers’ Comp lawyer and see if you can appeal your claim with the Workers’ Comp Appeals Board to fight for the benefits you and your family deserve.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a Virginia Workers’ Comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.