What Happens after the Claim for Benefit Form is Filed in a Virginia Workers’ Comp Claim?

Posted on Monday, May 11th, 2015 at 12:00 pm    

Filing the claim doesn’t immediately get the worker any money. Its primary goals are to properly preserve the worker’s claim and to formally notify the employer that the worker is making a claim.

The Virginia Workers’ Compensation Commission will give the employer a formal order requiring the employer to respond to your claim within 20 days. The employer will then either agree or deny the claim.

Agreement: The Employer can send the worker an Award Agreement. The Agreement means the employer agrees, in writing, to pay the claimed benefits until there is a legal change in circumstance. Before signing the agreement, the worker should make sure an experienced Virginia Worker’s Compensation attorney reviews the agreement to make sure it covers all the worker’s claims, covers the right injuries, and contemplates paying the right amounts for the right time. The Award Agreement should come to the worker with a week or two after the employer says it will be sent.

Denial: The employer may contest the claim. The denial must include a reason for the denial. The denial will cut off your benefits if you’ve been receiving them, which is the bad news. The good news, it does mean the process will move to a resolution. If and when your claim is upheld by the Commission, you will be entitled to any benefits you lost from the date of the cut-off, not the date of the decision.

The case will then be scheduled for a hearing in the worker’s compensation location nearest to where the worker lives. As soon as you get the notice of the denial, you should call our office for an appointment. There are too many facts, strategies and legal issues to consider for any worker to handle their workers compensation hearing on their own.

Make an Appointment With Attorney Joe Miller Today

Virginia attorney Joe Miller has been helping injured workers for over 25 years. He can help you get Strong Justice and the benefits you deserve. Contact Joe Miller Law online or by phone at 888-694-1671.