If workers’ compensation insurance has paid any benefits to you or on your behalf that are included in the auto accident claim, then the workers’ compensation insurance carrier not only has a lien against any money you get from the auto accident case but you MUST get the workers’ compensation insurance carrier’s permission before you can settle that auto accident case. If you do not get the workers’ compensation carrier’s permission, you will forfeit any future benefits of any kind for the work accident under the Virginia Workers’ Compensation Act. If you do not reimburse the workers’ compensation carrier for the lien they have on your auto accident, the workers’ compensation insurance carrier can sue you personally in Circuit Court to recover the money.
You should consult with us to determine how to proceed in order to avoid potentially forfeiting workers’ compensation benefits that may be due, as well as how to maximize the amount you receive from both claims.
What can Injured Workers’ Law Firm do for me?
We only handle cases that involve the Virginia workers’ compensation claims process (and related matters). Our main goal is to get you the maximum amount of injury benefits possible. There are several reasons for this. First, as an injured employee, you are entitled to certain protections and provisions under the law. Second, the more money we get for you, the more money we earn, since our fee is a contingency fee of what we recover for you.
This means that we earn a percentage of what you ultimately are awarded. Because it costs you nothing to retain our services, it’s highly advisable that you do so for a number of reasons. We will:
- Educate you about the Virginia workers’ compensation claim process and the particular issues that apply to your case;
- Gather evidence needed to prove your case, including medical records, payroll data, and witness statements;
- Conduct a rigorous analysis to determine if there are any warranted third-party claims you can pursue;
- Determine if there are any liens or potential liens on the claim;
- Obtain reports from the physician(s);
- Contact the Virginia Workers’ Compensation Commission to notify it of the claim and to file a formal Claim Form;
- Help you determine if there is any room for negotiation if the company is willing to settle your claim;
- Prepare you, any witnesses, or any medical providers for depositions or hearings;
- Organize, prepare, and present medical exhibits; and
- Provide advice on how to deal with nurse case managers, vocational rehabilitation specialists, insurance adjusters, employer issues, and more.
As you can see, we do more than simply file motion, shuffle paperwork, or show up at a hearing. The preparation and education that goes into a well-prepared workers’ compensation case and the peace of mind that you will receive as a result are invaluable. Reach out to us for your free case analysis.
About the Author: Michele Lewane
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.