When an injured employee files for workers’ compensation in Richmond, there is always a chance that the claim could be denied. The Virginia Workers’ Compensation Commission hears the arguments and makes decisions based on them, but the result does not always go the claimant’s way. You should speak to an experienced attorney in your community about your workers’ compensation denial in Richmond.
There are many circumstances under which a workers’ compensation claim in Richmond might be denied. The biggest one is when an employer claims that the injury did not arise out of the person’s employment. They might argue that the accident did not happen at work or did not happen in a manner that is covered by workers’ compensation laws. In some instances they might argue that the accident did not even happen at all.
There might be some situations in which the employee violated a safety rule which led to the injury. The employer’s insurance company could also deny a claim if they believe the injured employee’s pre-existing medical condition was the cause of the accident as opposed to a workplace injury. Finally, another common defense against paying out workers’ comp is that the claimant refused light duty work after the accident. A skilled lawyer could help the injured employee cover all of these bases needed to create a strong claim.
The first thing a person should do in the event that their workers’ compensation claim is denied is contact a local attorney, if they do not already have one. After that, a claim should be filed with the Virginia Workers’ Compensation Commission (VWCC). An attorney could help with this process. The injured employee’s lawyer can then send interrogatories to the defense to determine why the claim was denied and what evidence they have. Additionally, the attorney could order copies of medical records, take depositions of witnesses, and request a hearing before the VWCC.
After a workers’ compensation claim is approved, a claimant should continue to receive any treatments prescribed by their authorized treating physicians.
In Richmond, people treating under an open award are not allowed to switch physicians on their own without approval of the Workers’ Compensation Commission. Thus, they need to make sure that they continue to treat with the same doctor, following the doctor’s orders, and receive the recommended treatment. This could include attending physical therapy appointments or taking medication. Failing to follow these orders could put the person at risk of having future benefits denied.
In addition, they also need to be careful that they do not exceed any work restrictions if their doctor releases them back to light duty work.
It is important to understand the various reasons why a Richmond workers’ compensation claim can be denied. A skilled workers’ comp lawyer could anticipate these tactics and fight back to help the injured employee seek the benefits they deserve. Even if a claim is denied, the appeals process gives injured claimant’s another chance to have their voice be heard. If your workers’ compensation benefits were denied, let a knowledgeable attorney help. Call today to learn more about Richmond workers’ compensation denials in Richmond.