Understanding Denied Virginia Workers' Compensation Claims
Being injured on the job is no joke. Companies pay into workers' compensation in the event someone is injured at work. If you were hurt on the job, you can file a workers' compensation claim. But what if your claim is denied? Our Virginia workers' compensation lawyer explains why claims are often denied and what options you have after receiving a denial letter. We also explain when it is too late to talk to a workers' compensation lawyer.
Common Reasons Why Workers' Compensation Claims May Be Denied
Virginia is a "no-fault" state regarding workers' compensation, meaning that even if a workplace accident was partly your fault, you could still receive benefits (unless you were under the influence). Your claim could have been denied for several reasons.
Here are common reasons workers' compensation claims are denied:
- You are missing or have incomplete documentation
- The company does not think the injury happened at or is related to work
- You did not seek medical attention at all or promptly enough after the accident
- You denied receiving medical attention
- You did not notify the company immediately about the injury
- You didn't notify the company in writing about the injury
- First day on the job: company may believe the injury was preexisting
- The claim was filed after the employee was disciplined, terminated, or otherwise let go
- The employee was under the influence of drugs and alcohol
- You filed your claim after the statute of limitation expired
Statute of Limitations
The statute of limitations in Virginia varies depending on the type of workers' compensation claim filed. Our experienced Virginia workers' compensation lawyer can explain the different lengths and types. You should always notify the company and file a claim as soon as possible after an accident. If too much time passes and the relevant statute of limitations has passed, you may be unable to file a claim.
Appealing the Decision with a Workers' Comp Lawyer
If you think you did everything right and your claim was still denied, you have the right to appeal the decision. But don't delay. There are deadlines for filing an appeal, typically within a few weeks of receiving a denial letter.
Navigating the workers' comp appeals process can be challenging, especially if you're still dealing with your injury. This is where a Virginia workers' comp lawyer can help. Here's how legal representation can help with your appeal:
- Experience. Workers' compensation laws are complex and vary from state to state. A lawyer with experience in Virginia workers' comp cases will have a deep understanding of these laws.
- Evidence. Your lawyer can help you gather evidence that supports your claim. This could include medical records, witness statements, or documentation of correspondence with your employer or their insurance company.
- Compensation. An experienced lawyer knows how to build a strong case and advocate for the maximum compensation you deserve. Ideally, their experience should include winning appeals for others.
- Timeliness. A lawyer can help you meet critical deadlines and ensure your appeal is filed correctly and on time.
When to Contact a Workers' Comp Lawyer
Ideally, you should contact a Virginia workers' comp lawyer as soon as possible after receiving a denial letter. The sooner you obtain legal representation, the sooner they can begin gathering evidence and building your case to advocate for your rights.
Dealing with a denied workers' comp claim can be frustrating and frightening. Seeking legal representation to handle your appeal can improve your chances of winning your case.