24/7 LIVE ANSWERING
276-623-0808
If you’ve suffered an injury at work in Virginia, managing the workers’ compensation settlement process can seem daunting. At The Law Offices of Mark T. Hurt, we understand the stress and uncertainty involved in pursuing fair compensation. Our dedicated Virginia workers’ compensation lawyer is committed to seeking to maximizing settlements for injured clients.
Contact us today for a free consultation and learn how our experienced workers comp settlement lawyers can help you.
A workers’ compensation settlement in Virginia is a negotiated agreement between an injured employee and their employer’s insurance company, concluding the claim with a specific payment. In exchange, the employee relinquishes the right to any future benefits related to the injury.
Settling your claim provides immediate financial relief through a lump-sum payment or structured payments, rather than ongoing smaller payments. This settlement option benefits both parties by avoiding prolonged uncertainty and potential future disputes. Because settlements terminate any future benefits, it is critical to make sure the settlement amount adequately covers your losses. It’s advisable never to negotiate without the guidance of an experienced workers’ compensation settlement lawyer.
The timing for settling a workers’ compensation case can vary greatly, influenced by several key factors such as injury severity and case details. Some claims settle within a few months, while more complicated or severe cases may remain unresolved for years.
Settlements often occur when the injured employee reaches Maximum Medical Improvement (MMI), the point where doctors conclude no further significant medical improvement is possible. At this stage, if an employee has permanent impairment, it may be an optimal time for settlement discussions.
Additionally, settlements frequently occur if an employee cannot return to their previous employment due to permanent disability from a catastrophic injury. In these scenarios, insurers might offer a lump sum settlement to finalize the claim.
In Virginia, settling a workers’ compensation claim involves several structured steps designed to ensure fairness and compliance with state laws. In fact, nearly 80% of workplace injuries result in successful workers’ compensation settlements, highlighting the effectiveness of the process when guided by experienced injury attorneys.
Here’s a clear breakdown of what you can expect:
1. Reporting Your Injury and Filing a Claim
Immediately following your injury, report it to your employer. Timely reporting is essential, as delays can negatively impact a claim. Next, file your claim with the Virginia Workers’ Compensation Commission (VWCC). Prompt filing helps facilitate faster processing of benefits.
2. Insurance Company’s Response: Acceptance or Denial
The insurance company reviews a claim and decides whether to accept or deny it. Approximately 10% of claims initially face denial, underscoring the importance of proper documentation and strong legal representation.
3. Negotiating Your Settlement
If your claim is accepted, negotiations begin. Having our experienced workers compensation settlement attorney is vital during this stage. Our attorneys aggressively negotiate on your behalf to secure the highest possible settlement amount, considering all relevant medical expenses and lost wages.
4. Drafting and Submitting the Settlement Agreement
Once negotiations reach a satisfactory conclusion, our workers comp settlement attorney will draft a detailed settlement agreement. This document is then submitted to the VWCC for review and approval.
5. VWCC Review and Approval
The VWCC evaluates the settlement agreement carefully, confirming that it complies with Virginia law and serves an injury victims best interests. A Deputy Commissioner will either approve or deny the settlement based on these considerations.
6. Receiving Compensation
Upon VWCC approval, the agreement becomes legally binding. An individual will then receive the agreed-upon compensation, typically as a lump-sum or structured payments, depending on the chosen settlement type.
7. Denial and Appeal Process
If the VWCC denies a settlement, applicants have the right to appeal the decision to the Virginia Court of Appeals. Our zealous workers’ compensation settlement attorneys help clients work through this intricate appeal process, especially regarding unjustly denied or mishandled workers’ comp claims.
Typically, the entire settlement process can take several weeks to a few months, depending on negotiations, medical evaluations, and the VWCC approval timeline.
Virginia law doesn’t set a specific maximum settlement amount for workers’ compensation claims. Instead, settlements are determined by factors such as injury severity, wage history, future medical expenses, and disability level. For example, a broken arm will net a smaller recovery amount compared to a TBI or spinal cord injury. Importantly, having skilled personal injury representation can significantly impact your final compensation.
Studies have shown that attorney involvement in workers’ compensation cases can lead to substantially higher indemnity benefits. For instance, a study by the Workers Compensation Research Institute found that attorney involvement increased indemnity payments by an average of $7,700 to $12,400. Another study revealed that workers with legal representation tend to receive settlements that are, on average, 30% higher than those without attorneys.
These findings underscore the value of experienced legal counsel in managing the challenges of workers’ compensation claims and maximizing the benefits you receive.
Payments may be provided as a lump sum or structured installments. The specifics depend on the settlement type agreed upon, such as a Full and Final Settlement, Structured Settlement, or Lump-Sum with Open Medical Benefits.
The average workers comp settlement in Virginia varies widely but often ranges from tens of thousands to several hundred thousand dollars, influenced by injury severity, medical bills, and economic losses. The amount to which you may be entitled to receive will be dependent upon the scope and permanency of your injuries.
Understanding your settlement options is important:
At The Law Offices of Mark T. Hurt, we represent injured workers on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you. Under Virginia law, attorney fees for workers’ compensation cases cannot exceed 20% of the recovered compensation, and fees must be approved by the Virginia Workers’ Compensation Commission.
Contact attorney Mark T. Hurt and our personal injury legal team today to schedule your free consultation. Our experienced Virginia workers’ compensation lawyer will evaluate your case and advise you on your best options for obtaining fair and full compensation.
“Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was SIX TIMES more than the offer my first lawyer tried to get me to take.”
