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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

How do I go about trying to get a settlement on my case?

Answer: In Virginia Workers Compensation cases, this is often accomplished through a process known as Mediation. We have found that mediation is a highly effective tool to assist the parties to try to resolve the case, and in most cases, particularly in cases involving an Open Award Order, it is probably your best chance to obtain a settlement in your case; however, there are often circumstances, particularly in contested cases, where we must first seek a hearing with the Commission to resolve a specific issue with respect to your case before we attempt any mediation. Otherwise, you may be heading into mediation from a position of weakness and uncertainty, although sometimes the equities weigh in favor of avoiding a hearing, particularly if you clearly have a strong case as you approach your hearing. This is because even if you win at a hearing, there are two appeals levels that the defense has available that can delay the process for over a year.  That is never a good place to be. Of course, each case must be examined and decisions made based on the particular facts and circumstances of each matter.

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

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.