What are the Stages of a Virginia Workers’ Compensation Hearing?

  1. Request for a hearing: If the parties can’t agree to benefits, then the employee can request a hearing.
  2. Mediation: If both parties (employee and employer) have attorneys, then one of the attorneys can request mediation – a more informal process than a hearing. If mediation doesn’t work, then the case is assigned for a hearing.
  3. A judge is assigned: The Virginia Worker’s Compensation Commission assigns a judge to the case in the county where the accident happened.
  4. Hearing is held: The hearing is held before the judge. Both sides can present evidence and can be questioned by the other side. The employer is required to have a lawyer. Because the employer has a lawyer, the employee should strongly consider using a lawyer. The Commission sets the amount a lawyer for the employee can charge.
  5. The judge makes their decision: The decision is usually given through the mail.
  6. Either side can appeal (within 30 days) to the full Commission.
  7. Additional appeals can be taken to the Virginia Court of Appeals and to the Supreme Court of Virginia.

Call a Norfolk Workers’ Compensation Attorney if You Were Injured at Work

Lawyer Joe Miller has tried personal injury cases for over 25 years, and many of those cases involved workers who were injured at work in Virginia. If you’ve been hurt at work, you don’t need to prove fault, but you do need a lawyer to help you prove that the accident was work related, that you incurred injuries and medical bills because of the accident, that you lost work because of the accident, and that your situation may continue. If you’ve suffered a workplace accident or illness, contact Norfolk workers’ compensation attorney Joe Miller today at Joe Miller Law, Ltd., at (888) 694-1671 and learn more about what he can do for you.