What to Do if You Are Denied Workers’ Compensation in Virginia

Being denied workers’ compensation in Virginia can be a frustrating experience, especially when you rely on these benefits to cover medical expenses and lost wages due to a work-related injury. Understanding your options after a denial is crucial in ensuring that you receive the benefits you deserve. Here’s a guide on what steps to take if you find yourself in this situation.

1. Review the Denial Notice

The first step is to carefully read the denial notice you received from the insurance company or your employer. This document will outline the reasons for the denial, which could range from lack of evidence to potential disputes regarding the nature of your injury.

2. Consult with a Workers’ Compensation Attorney

One of the most effective ways to navigate a denial is to seek the help of a qualified workers’ compensation attorney. An experienced lawyer can help you understand your rights, evaluate the specifics of your case, and guide you through the appeals process.

3. Gather Evidence

Compile all relevant documents, including medical records, incident reports, witness statements, and correspondence with your employer and the insurance company. Evidence is crucial in supporting your claim and addressing the reasons for denial.

4. Request a Hearing

If your claim remains denied, you can appeal the decision by requesting a hearing with the Virginia Workers’ Compensation Commission. You typically have two years from the date of your injury to file a claim, but specific time limits for appeals can vary, so act promptly.

5. File a Claim for Benefits

You may also choose to file a new claim for benefits if your original claim was denied due to a lack of evidence or specific procedural issues. Make sure to address the concerns noted in the denial when submitting a new claim.

6. Stay Informed About Your Rights

Familiarize yourself with the workers’ compensation laws in Virginia, as they can help empower you in your battle for benefits. Understanding the type of compensation you are eligible for, whether it is for medical expenses, lost wages, or rehabilitation, will strengthen your case.

7. Maintain Open Communication

Keep communication lines open with your employer, your attorney, and the insurance company. Update them on your medical status and any changes in your condition, as this information can be vital in supporting your claim.

8. Be Prepared for the Hearing

If you reach the hearing phase, be prepared to present your case clearly and effectively. Your attorney will help you organize your evidence and might represent you during the hearing, making a compelling argument for why your claim should be approved.

Conclusion

Dealing with a denial of workers’ compensation can be daunting, but taking these steps can significantly improve your chances of receiving the benefits you need. Consult with an experienced attorney, gather evidence, stay informed about your rights, and don’t hesitate to appeal the decision. Remember, you are entitled to compensation for injuries sustained while performing your job duties.