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.
The Claim for Benefits form seems like it should be pretty simple. It’s just a one page and there are only about 20 bits of information that are requested. As with most things, the devil is in the details. If you don’t put down the correct and full information on the claim benefit form when you file it, your claim can be severely damaged. Faulty or incomplete information can make it much easier for an employer to contest parts of your claim as time goes by.
Here are some of the key points to consider.
If you have been injured at work in Virginia your rights under Virginia law are based on you enforcing your rights. Otherwise, you have no rights. This video helps explain what your rights are, and how you can enforce your rights. This can be very confusing, but the good news is we can help. Attorney …
Have you filed a claim for workers’ compensation benefits? If so, your employer has 20 days to respond to your claim, which can include denying your claim, even if you already started getting benefits. Another option is to accept your claim and send you an award agreement. This video explains why an award agreement is …
Do you know someone injured at work in Virginia? They may be facing a battle with the insurance company if they had a pre-existing condition. Good news, though, Virginia law gives them some options when it comes to their workers’ compensation case. This video gives some insight about the law and options. Be sure to …
Some states use the AMA guidelines directly. Others, like North Carolina, have their own guidelines. In Virginia, the AMA guidelines can be used – except for spinal injuries. The key date is the date of the claimant’s injury. The doctor who is making the determination has to use the edition that existed as of the date of the injury.
Both words, impairment and disability, are terms of art. This means you have to look to how and where they are being used. Impairment for social security can be different than impairment for worker’s compensation. Impairment in one version of the AMA (American Medical Association) guides to the Evaluation of Permanent Injuries can be different than another edition.
Let’s assume your lawyer, you and your doctors have all done their homework. You know how much money you would be entitled to if you didn’t settle, when you’d get the money and for what length of time you’d get the money. The question then becomes – what’s a fair settlement offer?
A Clincher Agreement is “an agreement between the injured worker and the employer/insurance carrier to fully and finally settle the entirety of his or her claim, meaning that the injured worker gives up any and all rights to additional compensation, both medical and monetary, in exchange for a lump sum of money.”
You have to know your status first. Whether you will be offered a Workers’ Compensation settlement in North Carolina depends on many factors.
Medical Treatment Status. First, after the claim is filed and the insurer agrees that you are initially covered, you will focus on getting better. Before even considering a workers’ compensation settlement in North Carolina, it is imperative that you know the full extent of your medical condition and that you have reached the point in your treatment where you are as good and healthy as medical science will allow. First and foremost, you should NOT consider a settlement before you know the full extent of your medical condition and while there’s a chance for improvement. If you are treating with just the company doctor, you should talk to a workers’ compensation lawyer who will explain how and if you can see a doctor of your own choosing to get a second opinion.
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If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.
