Having Trouble With Your Workers’ Compensation Claim?
Posted by Michele Lewane | Claim Denied - Now What?, First Steps, Hiring A Lawyer
If your claim for Virginia workers’ compensation benefits has been denied by the insurance carrier need to understand what steps to take in order to get medical treatment for your work injuries and to get the Virginia Workers’ Compensation Commission (VWC) involved in your case so you can have a hearing if necessary. This process …
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Should I Report Minor Injuries to my Employer?
Posted by Michele Lewane | First Steps, Types of Injuries and Illnesses, Workers' Compensation Benefits
The best way to make sure that you receive compensation when you sustain an injury is to promptly report all accidents, even minor injuries, to your employer, as minor injuries can turn into major injuries, on occasion. Also, while there are honest employers who will help employees receive workers’ compensation benefits, these employers seem to …
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Can I Get Workers’ Compensation If the Injury Was My Fault?
Posted by Lorraine D'Angelo | Claim Denied - Now What?, Workers' Compensation Benefits
Many people believe that, if they are responsible for the accident which caused their injury, the employer is not responsible for it. This is probably the case because this is what the employer tells them. However, it is not necessarily true. If you are injured in an accident, even if the accident is your fault, …
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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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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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Psychological Injuries Are Not Covered Unless you Have a PHYSICAL Injury First!
Posted by Michele Lewane | First Steps, Types Of Accidents, Types of Injuries and Illnesses
There seems to me a misconception out there among some workers that they can get workers’ compensation benefits for things like stress, depression, or anxiety. The truth is that, in Virginia, workers’ compensation benefits are only awarded for psychological injuries if the injured worker first has a PHYSICAL injury. For example, the State of Virginia …
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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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8 Things to Know If You Are Going to a Workers Compensation Hearing
Posted by Michele Lewane | Claim Denied - Now What?, Hiring A Lawyer, Injured Workers Law Firm, Workers' Compensation Benefits
You will need to be present at the workers compensation hearing. In most cases, the Deputy Commissioner who will be hearing your case will want to hear your testimony in person about how your injury occurred and what took place following your injury. The defense attorney is not your friend. The defense attorney (attorney for the workers’ …
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What Is Taking My Workers’ Compensation Claim So Long?
Posted by Michele Lewane | Claim Denied - Now What?, First Steps, Hiring A Lawyer, Workers' Compensation Benefits
Main Takeaways: Filing a workers’ compensation claim in Virginia is an imperfect and SLOW process. When an insurance company requests a second opinion, they will not approve any new treatment until the second opinion is performed and the adjuster is able to review the independent doctor’s evaluation. if you haven’t filed a Claim Form with the …
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