Injured workers often believe that their employer is appropriately handling and filing their workers’ compensation claims. So many times, an injured worker believes that their workers’ compensation rights are protected because they have received medical treatment or disability payments. However, mere payment of medical bills and disability payments do not establish an Award Order with the Virginia Workers’ Compensation Commission.
In other words, the insurance company may stop disability checks or deny medical treatment at any time before an Award Order is entered. For this reason, it is so important to correctly complete and file a Claim for Benefits with the Virginia Workers’ Compensation Commission to begin the process toward obtaining an Award Order.
Workers’ compensation laws are very technical, which allows for many pitfalls. For instance, a Claim for Benefits must be filed within two years of the work accident. If beyond this deadline, your claim will likely be forever barred, and you will not have any medical treatment covered, even though your injuries were caused by the work accident. Even if an Award Order has been issued to an injured worker, that Award Order may not include all injured body parts, thereby permitting the workers’ compensation insurance company to avoid payment of certain medical bills.
Remember: it is crucial to file an appropriately completed Claim for Benefits to protect your workers’ compensation benefits. Do not expect anyone to do this on your behalf. To ensure that a Claim for Benefits is properly filed, and that an Award Order is issued, seek an attorney’s advice.
If you have questions about these issues or anything else related to your workers’ compensation case, please give us a call at (804) 294-2966