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My Workers’ Comp Claim was Denied. Now What?

You were hurt at work, and are owed compensation for your medical bills and your injuries. But the insurance compamy denied your claim. Now what do you do?

 

Get an Attorney

 

If you filed the claim yourself, go ahead and get a workers’comp attorney before you start appealing. A lawyer does this work all day everyday, has a team of skilled paralegals to back him up, and knows what needs to happen for a good outcome. If your cold gets worse instead of better, you get professional help by going to the doctor instead of continuing to treat it yourself. In the same way, you should get professional legal help for your workers’ comp claim. Don’t try to do it on your own – claims can be complex and take up a lot of time and energy, and you may not know what the Virginia Workers’ Compensation Commission is asking for.

 

For a free consultation on your case, call HammondTownsendat 888-580-9048.

 

File An Appeal with the Larger Panel

 

Your workers’ compensation attorney will work with you to file an appeal, based on the reason that the deputy commissioner gave for denying your claim. The appeal is called a request for review, and it must be entered within thirty (30) days of receiving the opinion of the commissioner.

 

Handle the Appeal with the Larger Panel

 

The initial decision from the Virginia Workers’ Compensation Commission is handled by one (1) Commissioner. The appeal is handled by three(3) Commissioners on a panel together. The majority of appeals are conducted entirely using written evidence and material: it’s all just paperwork being sent back and forth. Usually you don’t need to travel or to go to anything in person. Very occasionally the appeal will have an oral argument, where you and your lawyer (and the insurance company) go in person to a panel of Commissioners so they can ask questions directly. The panel can reverse the earlier decision and may approve your claim.

 

Appeal Again with the Court of Appeals

 

If the first appeal does not go your way, and your attorney thinks you should appeal again, you can appeal to the Virginia Court of Appeals. If the first appeal does go your way, the insurance company may file an appeal with the Court of Appeals instead.

 

Final Appeal with the State Supreme Court

 

The final level of appeal is with the Virginia State Supreme Court, which you and your lawyer or the insurance company may appeal to for a final ruling in your workers’ compensation claim. Most claims do not go this far.

 

Your workers’ comp lawyer from HammondTownsend knows the ins and outs of filing workers compensation claims and appeals, and can help you if your workers comp claim is denied. Call today for a free consultation at 888-580-9048.

HammondTownsend is a workers' compensation law firm with offices located in Manassas, Richmond, Roanoke, Harrisonburg, Fishersville and Charlottesville.

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