How to Appeal a Workers’ Comp Denial in Virginia

When you’re hurt on the job in Virginia, you may be worried about a Workers’ Comp denial. Your Workers’ Comp lawyer can guide you through this tough time and show you how to appeal your Workers’ Comp claim.

After a work accident, your Workers’ Comp benefits are a lifeline. You need them for your recovery while you’re unable to work, take care of yourself, and cover the costs of your family’s needs. But that doesn’t mean your employer’s insurance company is willing to help.

Many Virginia workers are denied Workers’ Comp benefits before they receive them, and many workers don’t seek out the benefits they need after a denial. But your family shouldn’t have to suffer because of a work accident.

Pathfinder Law can show you how to appeal a Workers’ Comp denial in Virginia. We know it can be a confusing, complex process, but that’s why we’re here to guide you every step of the way.

Why Was My Workers’ Comp Claim Denied?

Your Workers’ Comp lawyer in Virginia can start by determining why you were denied Workers’ Comp. This reason should be listed on your denial letter, but that doesn’t mean it’s always easy to understand. If you’re struggling to understand why your claim was denied, read on for some of the most-common reasons Virginia workers are denied benefits.

Lacking Evidence

When you’re denied Workers’ Compensation, it may not be because you did something incorrectly. You may have simply not provided enough evidence for the insurance company. The adjuster may claim they didn’t see enough evidence that you were injured to the point that you can’t work.

In these cases, the solution sounds simple—you just need to gather evidence that proves you were hurt on the job. But when you’re hurt, it can be tough to dig through the evidence for the information you need.

Luckily, your Workers’ Comp lawyer in Virginia can help you gather that evidence. They can use video footage from your workplace, eyewitness accounts, and your doctor’s testimony, as a few examples, to help prove you were seriously injured and need those benefits.

Time Limits in Virginia Workers’ Comp

When you’re injured in a Virginia work accident, you only have a limited time to act on your Workers’ Comp claim. Virginia workers must file a claim within two years of the work accident. If you don’t act on time, your rights to Workers’ Comp benefits may be lost. That leaves you paying out of pocket for your expenses.

Your Workers’ Comp lawyer in Virginia can help you act on time. Filing a work comp claim can be intimidating, and you may have been putting it off. Your work accident lawyer can help you appeal and get your claim on the right track. We can step up and determine your best options for taking action on your claim.

No Medical Treatment

Your Virginia Workers’ Comp claim may have been denied because you didn’t seek medical attention after the accident. If you don’t need medical care, the insurance company may claim, you don’t need Workers’ Comp benefits.

Because of this, it’s important to seek medical care right away, even if you feel fine. Shock and delayed injuries put many Virginia workers in critical condition, even if they didn’t think they were hurt right after the accident.

For example, you may have been injured in a car accident at work, but you felt fine at the time. Then, a week later, you had severe neck pain and couldn’t turn your head. If you didn’t get medical treatment right away, you may need your lawyer to step in to gather evidence that you were injured at the time.

Steps to Appealing Your Virginia Workers’ Comp Claim

When you’ve been denied Virginia Workers’ Compensation, you have a chance to appeal that decision and get your benefits. But where do you start on your claim?

You’ve already taken the first step when you and your Workers’ Comp lawyer in Virginia determine why you were denied. Then, your lawyer can gather evidence for your claim, proving your due compensation. From there, it’s time to take your claim to court.

When you’re denied Workers’ Comp benefits, your claim may be taken to the Virginia Workers’ Compensation Commission, which will hear both sides of the story. They’ll review the insurance company’s statements, as well as the new evidence your lawyer presents. They’ll then decide whether to uphold the insurance company’s decision or offer you a settlement.

Virginia Workers’ Comp Denial FAQ