Denied Claim: When the Insurance Carrier or Claims Administrator disputes that the worker’s injuries or occupational disease were work-related. Injured workers have the right to contest the denial and request a hearing in writing by use of the Claim for Benefits form. By filling out part ‘B’ of the form, you are requesting your benefits. This will trigger a 20-day Order. After that, the employer may formally deny your claim which will send your claim to the Hearing Docket.
Deputy Commissioner: “An employee of the Commission who makes decisions relating to Virginia workers’ compensation disputes. Deputy Commissioners conduct evidentiary hearings, on-the-record hearings, and approve or disapprove compromise settlements. The decision of a Deputy Commissioner can be appealed by requesting a Review to the Full Commission.”
Discovery: The way each side finds investigates the claim. Discovery often includes oral or written depositions, interrogatories to parties, requests for production of documents or things, requests for admission and/or inspection of the employer’s premises.
Dispute: “A disagreement between an injured worker and Claim Administrator about the right to payments, services or other benefits.”
Dismissed with Prejudice: “The plaintiff or injured worker is barred from bringing an action on the same claim.”
Dismissed without Prejudice: The injured worker may file a new suit on the same claim within the statute of limitations.
Docket: “A calendar of the cases that have been scheduled for a hearing and pending
determination.” When your claim is about to be set for hearing, you will be notified that it is being placed on the ‘Hearing Docket.’
Call Virginia Injured Worker’s Lawyer Joe Miller if You Have a Workplace Accident
Joe Miller has the experience and skills to professionally represent you at mediation, before judges and with the insurance company for the employer. He knows how crucial it is to thoroughly prepare the evidence, anticipate legal arguments and fully prepare your case for litigation. He has been helping clients in Virginia get work benefits for over 25 years. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or complete the online form.
