Was Your Virginia Workers' Comp Claim Denied?

A denied claim does not necessarily mean your claim is over. If your employer, its insurance company, or the Virginia Workers’ Compensation Commission denied your claim, HammondTownsend can review what happened and help you understand your next step.

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Your Claim Was Denied. What Happens Now?

Receiving a denial letter can make it feel like the decision has already been made. But an insurance company’s denial is not the same as a final ruling from the Virginia Workers’ Compensation Commission. You may still have the right to file an appeal, or request a review.

Employer or Insurance Company Denial

You may be able to dispute the denial and request an appeal.

Commission Denial

You may have a limited period to request a review or file an appeal with the Larger panel.

A request to review a Deputy Commissioner’s decision generally must be filed within 30 days of receiving the opinion of the commissioner.

Because the correct action depends on who issued the denial, don’t delay.

Reasons for Denied Claims

The Injury Was Not Reported On Time

The Insurer Says the Injury Did Not Happen at Work

The Accident Was Not Documented Clearly

Medical Records Do Not Connect the Injury to the Workplace Accident

The Employer Disputes Your Account of What Happened

The Insurer Blames a Pre-Existing Condition or Non-Work-Related Cause

I've Been Injured & Need Representation

What to Do After a Denied Workers' Compensation Claim

  • Keep the Denial Letter

    The letter should explain who denied the claim and why.

  • Continue Following Your Doctor's Instructions

    Keep appointments and save medical records, restrictions, bills, and work notes.

  • Gather Documents Related to Your Injury

    Include accident reports, witness information, communications with your employer, medical records, pay information, and insurance correspondence.

  • Do Not Assume the Denial Ends Your Claim

    The next step may be requesting an appeal, hearing, developing additional evidence, or seeking review of a Commission decision.

  • Talk with a Virginia Workers’ Compensation Lawyer Promptly

    Some actions are subject to strict deadlines, and the appropriate deadline depends on where your claim is in the process.

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About HammondTownsend

HammondTownsend serves injured workers across the state of Virginia: Northern Virginia, Manassas, Richmond, Roanoke, Lynchburg, Harrisonburg, Fishersville, Charlottesville, Hampton Roads, and Southwest VA.

45+ years of combined experience handling Workers' Compensation claims

Recovered over $3 Billion+ for Injured Workers

Well-known and respected in Virginia's Workers' Compensation community

We remove communication barriers through the use of in-person, virtual, and phone meetings.

As an exclusive injured workers law firm, our team fights for the compensation you deserve!

HammondTownsend Helped Lucille Fight Back

Lucille injured her back while helping students on a field trip. Her claim was initially approved, but when her doctor recommended surgery and physical therapy, the denials began. That’s when she turned to HammondTownsend.

I felt like he was working directly on my behalf. Throughout the whole entire process, he was with me.

FAQs

Yes, but the process depends on who denied it. An insurer’s denial may lead to a request for a hearing, while an unfavorable Commission decision may require a request for review.

A denial can affect whether the workers’ compensation insurer pays for treatment. An attorney can review whether treatment and other benefits may be pursued as part of the disputed claim.

Different deadlines apply at different stages. For example, a request to review a Commission decision generally must be filed within 30 days. Have the denial reviewed as soon as possible.

The initial case evaluation is free. HammondTownsend only gets paid if and when you get paid.

The insurer may dispute how the accident happened, whether the injury arose from your employment, whether it was reported properly, or whether the medical evidence connects the condition to your job.

A Denied Claim Does Not Have to Be the End of Your Case

You do not have to figure out the Virginia workers’ compensation process alone. Tell HammondTownsend what happened, and let our team help you understand what options may still be available.

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