The best source for obtaining documents is to consult with an experienced worker injury attorney. The attorney will have access to all the relevant documents that are needed to process your claim and will know which documents you really need. The Virginia Workers’ Compensation website has many documents too (though the lawyer will make sure …
The Virginia Worker’s Compensation Commission has a list of Frequently Asked Questions and Answers on various topics. Some of the Commission’s Q and As for claiming benefits are included below with adjustments because the best solution is always to consult with an experienced worker’s compensation attorney such as Joe Miller Esq. Q – What …
The Virginia Workers’ Compensation Commission uses a wage chart to determine an employee’s average weekly wage. The weekly wage is the basis for all income awards. Workers get 2/3rds of the weekly wage until they can return to work or for set periods of time. For this reason, it is crucial to make sure this …
There are a lot of benefits to an Alternative Dispute Resolution. According to the Virginia Worker’s Compensation Commission, these are the main ones: “Control: Mediation allows the parties to participate in how their case will be resolved, while litigation involves turning the decision making process over to another. Timeliness: A resolution can be reached …
The Virginia Worker’s Compensation statute defines orientation as “a preliminary meeting during which the [alternative] dispute resolution proceeding is explained to the parties and the parties and the neutral may assess the case and decide whether to continue with a dispute resolution proceeding or adjudication” This is typically done at the beginning of the Mediation, …
Your Virginia Worker’s Compensation attorney will review with the injured worker all the documents that should be brought. Generally, the key documents will be: Claim for Benefits. The employer must file a formal claim for benefits even if the employer is paying benefits. Letters from parties that request ADR/Mediation. ADR/Mediation is not automatic. Somebody …
Where? It depends. It is usually held at the nearest Virginia WCC Office to where the work accident happened or where the parties to the claim are located. The Virginia Worker’s Compensation Commission tries to accommodate the parties by picking a location that is convenient for everyone. “If special accommodations are needed, please contact the …
Any or all of the following issues can be reviewed at the mediation. Average weekly wage “loss” Period of TTD (Temporary Total Disability); closed periods of disability Change in treating physician (Authorized) Return to work Failure to report incarceration, change in address or return to work Mileage to and from health care providers COLA …
What does the mediator do? The mediator attempts to clarify the disputed issues and tries to help the parties resolve their differences. “If asked to do so by the parties, a mediator may offer opinions or a neutral evaluation. Any opinions or neutral evaluation are not binding on the parties.” The mediator does explain the …
Who must attend mediation? The injured worker must participate in the mediation, unless the dispute is between the medical provider and the employer. The insurance company needs to have someone who has the authority to settle the claim, and that usually means the insurance adjuster. Usually the adjuster will attend the mediation via speakerphone and …
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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.
