WHAT DOES AN EXPERIENCED WORKERS’ COMPENSATION ATTORNEY DO FOR YOU?
Here is a more or less complete list of the tasks your attorney may be called upon to do in your case. Remember, each case is different and not all these tasks are required in every case.
1. Conduct the initial interview with the client.
2. Educate the client about workers’ compensation claims and the specific issues in his or her claim.
3. Gather the evidence: medical records, payroll information, personnel files, etc.
4. Analyze the issues to see if there are any third party claims that may be available for the claimant.
5. Analyze the legal issues, such as willful misconduct and medical causation.
6. Talk to the claimant’s physicians or obtain written reports from them to fully understand the client’s medical condition.
7. Analyze the validity of any liens on the case that may be asserted.
8. Contact the workers’ compensation insurance company and the Virginia Workers’ Compensation Commission, put them on notice of the claim and file the claim for benefits, if this has not already been done.
9. Decide with the client whether an attempt will be made to negotiate the case with the insurance company to settle the case.
10. If there has been a request for hearing, prepare the client, witnesses, and medical providers for depositions.
11. Prepare written questions and answers and take the depositions of physicians, the claimant, and other witnesses.
12. Prepare the client and witnesses for the hearing.
13. Organize and prepare the medical exhibits.
14. Take the case to hearing and make recommendations to the client as to whether or not to appeal the case.
15. Advise the client throughout the case on various issues such as issues with nurse case managers, vocational rehabilitation specialists, employers, and insurance adjusters.
16. Assist getting mileage paid, prescriptions filled, and cost of living adjustments.