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.

Learn how we can help you with your Workers’ Compensation denial case.

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.

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Virginia Workers’ Comp Denial FAQ

What happens if your Workers’ Comp claim is denied?
If you’ve been hurt on the job, your Workers’ Compensation benefits may be a key part of your recovery. But your employer may not act to help you recover. Instead, your employer may deny you the benefits you’re due, leaving you with hefty bills and difficulties recovering from your injuries while working. If you were denied a claim, your Virginia Workers’ Comp lawyer at Pathfinder Injury Law can help. We understand that getting your benefits can be tough, so seek out help when you’re struggling to recover.

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Can an employer deny a Workers’ Comp claim?
When you’re hurt in a serious work accident, your Workers’ Compensation may be key to your recovery. Your injuries can be difficult to recover from without financial support. But you may have received a denial, rather than the Workers’ Comp benefits you need for your recovery. At Pathfinder Injury Law, we know a denial can be confusing, and we’re here to help. Here are some common reasons an employer may deny a Workers’ Comp claim and how we can guide you to the compensation you’re due.

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How to prepare for a Virginia Workers’ Comp hearing
After a serious work injury, you may have been denied Workers’ Compensation after reporting your injury. Now, you’ll need to dispute your employer and their Workers’ Comp insurer. If you’re unsure how to prepare for a Virginia Workers’ Comp hearing, reach out to a dedicated lawyer at Pathfinder Injury Law. We can help you prepare for your Virginia Workers’ Comp hearing and represent you throughout the appeal process.

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What if a Workers’ Comp insurer delays my benefits?
Once payment from a Workers’ Comp insurer becomes due, the insurer has two weeks to make the payment. If it fails to pay within that period, the amount to be compensated increases by 20%.

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How do you prepare for an IME in Virginia?
After a work accident, you may be expected to take an independent medical exam, or IME. These appointments help the insurance company gauge your injuries and how seriously you suffered. But that means they may be trying to trip you up, tricking you into showing that you’re not really that injured. Because of this, you need to know how to prepare for an IME in Virginia. Luckily, our dedicated team at Pathfinder Injury Law has some tips to help you get ready and can represent you at every step of the Workers’ Comp process.

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What Happens After a Workers’ Comp IME in Virginia?
An independent medical exam, or IME, may be part of getting your Workers’ Comp benefits. You may have already scheduled your IME and you’re getting ready to attend. But then what? What happens after a Workers’ Comp IME in Virginia? The results of your IME can impact your Workers’ Comp benefits. Because of this, you may need to speak to a dedicated lawyer from Pathfinder Injury Law. We can guide you through the aftermath of your exam and what you can do to protect your Workers’ Comp benefits.

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Can a Workers’ Comp case be reopened?
A Workers’ Compensation claim might have been your only way to get the compensation you needed to get by after a serious work injury. You got some benefits and probably thought the nightmare was over. But something might have changed with your claim. Maybe your benefits stopped showing up even though your injuries still need time to heal, or maybe something in your life has changed your needs.

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Help Appealing a Work Comp Denial in VA

When you’re denied Workers’ Compensation in Virginia, it can be tough to take care of your family. You need benefits that cover your losses and give you the support you need when you’re hurt. But you may be inexperienced when it comes to legal issues, and now you’ve been refused benefits. 

At Pathfinder Law, we understand how tough it can be to appeal your claim and get a settlement for your needs. That’s why we’re here to guide you in how to appeal a Workers’ Comp denial in Virginia. If you’re unsure where to begin after a denial, reach out for a free consultation. We can be reached when you call 804-505-0633 or complete the following online contact form. 

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