If you are injured on the job, you may have received bad news in the mail: your workers' compensation claim is denied. You are understandably upset and worried about how you will pay your bills, but you have options and rights.  

Rights After Denial of a Workers' Compensation Claim

In Virginia, if your workers' compensation claim is denied, there are several things you can do:

·      Request an Explanation

First, it is crucial to understand why your claim was denied. You may request a copy of an explanation for the denial in writing. If you receive the explanation and it is unclear, you can request further clarification.

·      File With the VA Workers' Compensation Commission

You may file a formal claim with the Commission after your claim is denied. This formal claim may be filed online, by mail, or in person. You will need your medical records and other evidence, such as witness statements, to file a claim. A claim with the VA Workers' Compensation Commission must be filed within two years of the date of accident, so don't wait to seek legal counsel and get your paperwork together.

·      Request a Hearing

If your claim is denied, you can request a hearing before a Deputy Commissioner. At this hearing, you must present evidence of your injury through witnesses and documents. Because this hearing is a lot like a trial, you should have an experienced workers' compensation attorney to assist you.

Your Right to an Attorney

Your most important option after a denial of a workers' compensation claim is to hire and work with an attorney. Your attorney will help you understand the law and ensure you have the necessary documentation and evidence.

If you are injured on the job, don't let an initial denial of a workers' compensation claim stop you from getting the recovery you are entitled to. Contact Ackerman & Falcon to learn how our experienced team can help you secure fair compensation for your injuries. Call us today at (703) 288-1400 or schedule a free consultation online.