Our workers' compensation laws were written to protect and provide for injured workers. While many Virginia employees receive due benefits, some are left with unpaid bills and denied workers’ compensation claims. The law firm of Reinhardt Harper Davis in Richmond, VA, assists victims with all types of work injuries, and can help you with a claim denial, early termination of benefits, or any workers' comp insurance dispute.
Employees have a legal right to challenge the decision of their employer, insurance carrier, or state agency. Our attorneys have helped many workers recover the full benefits to which they are entitled. If your claim has been denied, please contact our office today to schedule a free consultation.
Our worker’s compensation and social security disability attorneys understand the difficulties experienced by victims of debilitating injury, and we believe all due benefits should be paid in full.
Worker’s compensation claims are denied for a variety of reasons. The employer may make a mistake or intentional error in submitting the claim, or may dispute the work injury. Some employers will attempt to blame the employee for an injury or argue that an illness is not an occupational disease.
In other cases, an examiner at the Virginia Worker’s Compensation Commission (VWCC) may deny the claim. This may be because of statements given by the employer, or for procedural reasons such as a missed deadline or incomplete application. The examiner may cite lack of evidence and question the validity of your disability. An injury or illness may be called a pre-existing condition, or considered unrelated to your employment.
Workers’ compensation specifically covers injury and occupational disease that occurs on the job during paid work hours. Generally, time spent traveling to and from work or while clocked out for lunch is not covered. There are grey areas that lead to disputes, such as whether an employee is actually on duty when officially "off the clock."
There are many cases of chronic illness that develop because of workers' long-term exposure to contaminates, repetitive movements, or psychological stress. Insurance companies will often try to avoid acceptance of liability for these disabilities, if at all possible. Insurance representatives are focused on limiting claims payouts, so they set the bar high in the demand for documented proof, especially when a work-related condition may qualify for permanent benefits.
The worker’s comp system provides ample opportunity for employees to appeal a denied claim, but deadlines are short and rules are stringent. You are entitled to secure the help of an attorney at any time in the process, and this is often the surest way to pursue the compensation you need.
When you appeal a decision, your case goes before a deputy commissioner, who will consider the evidence your attorney provides. This might include witness statements, doctor’s opinions, and documentation of workplace conditions. If your claim is again denied, you can appeal the decision further in the commission, and even take it to federal and state supreme court.
It is always best to consult with an experienced attorney If you receive an initial claim denial. At Reinhardt Harper Davis, we work hard to ensure our clients receive the maximum benefits allowed under the law. We have helped numerous families, including those affected by tragic work-related fatalities.
Our worker’s compensation and social security disability attorneys understand the difficulties experienced by victims of debilitating injury, and we believe all due benefits should be paid in full. Please contact us today to schedule a free consultation. Se habla espanol.