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Appealing a denied workers’ compensation claim in Virginia

On Behalf of | Feb 6, 2023 | Workers' Compensation |

You may have been expecting workers’ compensation benefits after a workplace accident only to have your claim denied. You could find yourself in financial difficulty when this happens, given that you have bills to pay but can’t work due to your injuries

Fortunately, a denial of a claim is not final. You can appeal the decision to deny your claim and get the much-needed benefits. Here is what you need to do.

Review the denial letter

You first need to understand why your claim was unsuccessful. It could be due to incorrect information, missed deadlines or uncertainty about the circumstances of your workplace accident. Carefully review the denial letter you received from the insurance company. It should explain why the claim was denied and provide information on the appeals process.

Gather supporting documentation

The next step is to gather all the relevant documentation that supports your claim. This could include medical records, witness statements, and other documentation related to the work-related nature of the injury or illness.

Get started on the appeals process

There are several stages in the workers’ compensation appeal process in Virginia. You may have to attend a hearing in front of a workers’ Compensation deputy commissioner where you will have the opportunity to present your case and argue why you believe your claim should be approved. The insurance company will also present its case during the hearing.

If the decision to deny your claim stands, you can file another appeal with the Virginia Workers’ Compensation Commission. You may further escalate your appeal to the Court of Appeals and to the Supreme Court of Virginia.

Get help with your appeal

It is worth noting that appealing a denied workers’ comp claim can be a complex and time-consuming process. In addition, there are crucial deadlines you must adhere to in the appeals process. Seeking legal representation can help ensure the appeal is handled correctly and increase the chances of a successful outcome.