Do I Need a Lawyer for a Workers’ Compensation Claim in Virginia?

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Did you suffer an injury on the job or become ill due to workplace conditions in Virginia? If so, you’re not alone. According to the U.S. Bureau of Labor Statistics (BLS), over 65,000 Virginia workers suffered a nonfatal workplace injury or illness in one recent year. If you were hurt at work, you want to know your medical bills will be covered and your wage loss payments are secured.

Virginia’s workers’ compensation system is supposed to be a lifeline for injured workers. But getting the benefits you need can be difficult. The best thing you can do for yourself after being hurt on the job is to consult an experienced Virginia workers’ compensation attorney. At Marks & Harrison, we have seen how the workers’ compensation system can fail those who need the benefits the most. Our respected workers’ comp team features knowledgeable attorneys ready to defend your rights and handle all the details of your claim.

If you have been hurt on the job in Virginia and are struggling to get the support you need, contact us today for a free consultation to learn more about how a workers’ compensation lawyer can help.

Can I Handle a Workers’ Compensation Claim by Myself?

Hiring an attorney for your workers’ compensation claim is not required. If you suffered a minor injury or illness and do not expect to miss a lot of work, you may be able to handle your claim by yourself.

However, dealing with workers’ comp is rarely straightforward. It’s a good idea to speak to a workers’ compensation lawyer as soon as possible after an accident. If you have suffered major injuries in a work-related accident, your workers’ compensation benefits are designed to pay for your medical care and provide disability payments while you heal. These benefits can help meet your needs. But there is no guarantee you will receive them when you file a claim.

Some reasons to hire a workers’ comp attorney are:

  • Minimizing chances of having your claim denied — If your employer and their insurance company try to minimize your injuries and drag their feet, you may find yourself waiting weeks or months to start receiving benefits. A lawyer can help you build a strong case and try to get your claim approved as quickly as possible.
  • Getting medical attention — A workers’ comp lawyer can help you get necessary treatment authorized and gather evidence of disability.
  • Helping with the appeals process — If your claim is denied, a workers’ compensation attorney can help you with your appeal so you can eventually get the benefits you need.

When Should I Hire a Workers’ Compensation Lawyer?

You should speak to a Virginia workers’ compensation lawyer as soon as possible after being injured. If you need emergency medical treatment, that should be your priority. Then, promptly contact an attorney or have someone else get in touch with one for you.

Your workers’ compensation case begins from the moment you are injured. Everything you say and do after your injury can potentially impact your claim. An attorney can help guide you through the process to avoid delays or other issues with your claim. If you wait to hire a lawyer, you may make a mistake that jeopardizes your case and blocks you from obtaining any workers’ compensation benefits.

For example, your employer’s workers’ compensation provider may order an independent medical examination before you can receive any benefits. This step may seem like just another doctor’s visit. However, you need to be fully prepared before the exam. The doctor chosen by the insurance company will be looking for any sign you are lying about or exaggerating your injuries. Their report could have significant consequences for your case. A workers’ compensation lawyer can guide you on how to conduct yourself during your examination so you don’t do anything that could damage your claim.

If you have already filed a claim which has been denied, our workers’ compensation attorneys can step in during the appeals process.

What Does Workers’ Compensation Cover in Virginia?

There are two primary components of workers’ compensation benefits in Virginia, both important to an injured worker:

  • Medical benefits — If your claim is approved, your employer should cover all reasonable medical expenses related to your injuries. These benefits will continue until you either fully recover or reach the point where further treatment will not improve your condition, known as “maximum medical improvement.”
  • Wage-replacement benefits — If your injury causes you to miss more than seven days of work, you can receive wage-replacement benefits equal to two-thirds of your average weekly wages before being injured. These benefits are capped at a maximum amount by state law.

Can a Workers’ Compensation Lawyer Help Me?

A workers’ compensation lawyer is a valuable ally as you work through the claims process. Through careful research, skilled negotiation, and personalized attention, the team at Marks & Harrison can be your advocates every step of the way. Voted Best Law Firm in Richmond for seven years running, we pride ourselves on excellence and results.

After being hurt on the job, you have rights. You deserve an advocate who will guard your health and future. If you have additional questions about workers’ compensation cases in Virginia, contact our office today for a free consultation with a lawyer.

Berkley joins Marks & Harrison bringing with her a wealth of workers’ compensation knowledge. After graduating from the T.C. Williams School of Law at the University of Richmond, Berkley joined a general practice law firm in Newport News, Virginia and practiced in several areas including representing injured workers. Working and learning multiple areas of the law allowed her to recognize that she was most passionate about helping injured clients.