We receive so many calls from injured workers who are frustrated with the insurance adjuster on their case who has told them that they are not covered or their claim was denied. I can’t say it enough – FILE YOUR CLAIM FORM WITH THE VIRGINIA WORKERS’ COMPENSATION COMMISSION! This is how you dispute the insurance company’s denial of your benefits.
By filing this form with the Commission and formally requesting your workers’ compensation benefits, you are now taking the decision out of the workers’ compensation insurance company’s hands. If the insurance company does not accept your claim, a hearing will be set and the Commission will make the final decision (obviously, there is much more involved in this process but you get the idea). It is very common for adjusters to tell people their claim is denied to discourage them from filing a claim with the Commission. I wouldn’t have a job, nor thousands of other attorneys, if the insurance company accepted legitimate workers’ compensation claims fairly.
The dirty little secret is that if the adjuster can convince an injured worker not to file a claim (even if their injuries technically could be covered) and the 2 year statute of limitations runs out, the injured worker will be forever barred from collecting workers’ compensation benefits from the insurance company – regardless of how devastating their injury was. I have seen adjusters use this tactic; especially when it comes to denying benefits for falls and pre-existing conditions. DO NOT MAKE THIS MISTAKE!!
If the adjuster is telling you an injury is not covered, it is a good idea to call an experienced attorney who can give you an impartial opinion as to whether or not your situation would meet the requirements to receive workers’ compensation benefits.
If you have questions about the Virginia workers’ compensation process or 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.