Pulaski VA Workers’ Compensation Lawyer

At The Law Offices of Mark T. Hurt, we understand the complexities and challenges faced when injured on the job. Our Pulaski workers’ compensation lawyers are here to guide you through every step of the Virginia workers’ compensation process, ensuring that you understand your rights and the benefits you’re entitled to.

For over three decades, we’ve tenaciously advocated for the rights of those who have been injured, ensuring they receive the compensation they deserve. Whether you’re filing an initial application or facing a denial, our team is prepared to zealously fight to protect your best interests. Call our offices today to schedule a free consultation with an experienced Pulaski workers’ compensation attorney.

What Types of Workers’ Compensation Benefits May I Be Entitled to for a Virginia Workplace Injury?

If you or a loved one suffered a workplace injury in Pulaski or the surrounding communities, you may be entitled to various types of workers’ compensation benefits, depending on the nature and severity of your injury.

These benefits are designed to cover medical expenses, compensate for lost wages, and provide support in case of permanent disability or the need for vocational rehabilitation. The following is an overview of the types of benefits that may be available:

• Medical Benefits. These cover all necessary medical treatment related to your workplace injury or illness, including hospital visits, medications, surgeries, and any ongoing care. The goal is to ensure you receive the treatment needed to recover without bearing the financial burden.

• Temporary Total Disability (TTD) Benefits. If your injury prevents you from working at all during your recovery, TTD benefits are designed to compensate you for your lost wages. Typically, these benefits amount to two-thirds of your average weekly wage, up to a maximum limit set by the state.

• Temporary Partial Disability (TPD) Benefits. If you can return to work but in a limited capacity (earning less than before your injury), TPD benefits make up a portion of the difference between your pre-injury wages and your current earnings.

• Permanent Partial Disability (PPD) Benefits. These are awarded if your injury results in permanent impairment but doesn’t completely prevent you from working. Compensation is determined based on the specific body part affected and the degree of impairment.

• Permanent Total Disability (PTD) Benefits. If you’re unable to return to any kind of employment due to your injuries, PTD benefits provide long-term financial support. Qualifying injuries typically include loss of both eyes, hands, arms, feet, legs, or a combination that prevents gainful employment.

• Vocational Rehabilitation. If you can’t return to your previous job due to your injury, you may be eligible for vocational rehabilitation services. These services aim to help you find new employment or retrain for a different position that accommodates your limitations.

• Death Benefits. If a workplace injury results in death, the worker’s dependents may receive death benefits. These include compensation for lost wages and coverage of funeral and burial expenses.

As experienced Pulaski workers’ compensation attorneys, we can help clarify what benefits apply to your situation and ensure you receive the maximum compensation available under Virginia law.

How Long Do I Have to Report A Workplace Injury in Virginia for Workers’ Compensation?

In Virginia, the law mandates that injured workers report their injuries to their employer within 30 days and file a claim with the Virginia Workers’ Compensation Commission within two years. Adhering to these deadlines is crucial for your case. Our firm can help ensure that all necessary steps are taken promptly and accurately, safeguarding your claim from being rejected due to technicalities.

How Much Does It Cost To Hire An Experienced Pulaski Workers’ Compensation Attorney?

Free Consultation 

As Pulaski workers’ comp lawyers, we offer a free consultation to discuss your case, understand the specifics of your injury, and outline the benefits you could receive, such as medical care, wage replacement, and compensation for any permanent disabilities.

No Fee Unless Compensation Secured 

Our representation is provided on a contingency-fee basis, meaning we only receive a fee if we successfully recover benefits on your behalf. This arrangement ensures that our interests are fully aligned with yours and that you can focus on your recovery without worrying about upfront legal fees.

Fees Capped by Virginia Law

Virginia law caps the fees for workers’ compensation cases (typically at 20%, and in some cases lower than this percentage), ensuring that the majority of the compensation goes directly to you, the injured worker. We are here to fight for the maximum compensation you are entitled to, challenging any efforts by insurance companies or employers to minimize or deny your benefits.

What Should I Do If I Have Been Injured At Work in Virginia?

If you sustain an injury at work or during a work-related activity in Virginia, it’s crucial to take immediate action to protect your rights and ensure you receive the appropriate compensation. Here’s what you should do:

• Report the Injury to Your Employer Promptly. Inform your employer about the incident as soon as possible. Delaying beyond 30 days could jeopardize your claim, as Virginia law requires timely reporting. Quick reporting also prevents any dispute about the injury occurring outside of work, which could be argued if there’s a significant delay in reporting.

• Seek Immediate Medical Attention. Don’t wait to get medical help. Seeing a healthcare provider not only supports your health and recovery but also provides documented evidence of your injury and its severity, which is vital for your claim.

• Follow Your Doctor’s Recommendations. Adhering to the treatment plan prescribed by your healthcare provider is important for your recovery and demonstrates your commitment to getting better, a factor that can influence the outcome of your claim.

• File a Claim with the Virginia Workers’ Compensation Commission. To formalize your claim and start the compensation process, you must file with the Commission. This step is critical in securing your rights to benefits.

• Consult with a Pulaski Workers’ Compensation Attorney. Consider reaching out to a workers’ compensation lawyer for a free consultation. An attorney can provide valuable guidance on your rights, the compensation you might be entitled to, and the best course of action for your situation. They can also assist you in navigating the complex process of applications and appeals, should your claim face any challenges.

We support clients through every phase of their workers’ compensation claims, from the initial filing to any necessary appeals. Our goal is to ensure you understand your rights and receive the full benefits you deserve for your work-related injury.

Common Reasons for Workers’ Compensation Denials in Virginia & Remedial Actions

Workers’ compensation claims in Virginia can be denied for various reasons, often leaving injured workers unsure of their next steps. Understanding these common reasons and knowing how to respond can help ensure that you receive the benefits to which you are entitled.

Common reasons for workers’ compensation benefits denial include:

• Dispute Over Whether the Injury Occurred at Work: Insurers may deny claims if they believe the injury did not happen while you were performing job-related duties.

• Questionable Necessity of Medical Treatment. Claims are sometimes rejected on the grounds that the medical treatment sought is not necessary for the work-related injury.

• Pre-existing Conditions. Insurers might attribute the injury to a pre-existing condition rather than a workplace accident.

• Failure to Report the Injury in Time. In Virginia, failing to report your injury to your employer within 30 days can lead to claim denial.

• Missed Deadlines for Filing a Claim. Not filing your claim with the Virginia Workers’ Compensation Commission within the required timeframe can result in denial.

• Incomplete or Incorrect Claim Forms. Errors or incomplete information in your claim paperwork can lead to a denial.

What Can I Do If My Worker’ Compensation Claim Was Denied or My Workers’ Comp Benefits Were Prematurely Terminated?

If your workers’ compensation benefits are denied or prematurely ended in Virginia, you have several options for challenging the decision:

• Request for Reconsideration. You can file a motion asking the Deputy Commissioner to reconsider the decision on your claim. This step allows you to provide additional evidence or clarify any misunderstandings.

• Appeal to the Full Workers’ Compensation Commission. If reconsideration does not change the outcome, you can escalate your appeal to the full commission for a review of your case.

• Further Appeals. Should the commission’s decision remain unfavorable, you can appeal to the Court of Appeals of Virginia and, if necessary, petition the Supreme Court of Virginia to review your case.

Each of these steps has specific procedural requirements and deadlines. It’s crucial to act promptly and follow the correct procedures to enhance your chances of a successful appeal. Seeking assistance from an experience Pulaski workers’ compensation lawyer with experience in Virginia workers’ compensation denial can be invaluable.

As Pulaski workers’ compensation appeal attorneys, we can help you understand your rights, prepare your appeal, and represent you throughout the process, ensuring that you have the best possible chance of overturning the denial of your claim.

Schedule A Free Consultation With An Experienced Pulaski Workers’ Compensation Attorney

For a trusted partner in your corner, contact The Law Offices of Mark T. Hurt in Pulaski, VA. Our team is ready to fight for your rights and secure the compensation you and your family need to move forward. Schedule a free consultation with an experienced Pulaski workers’ comp lawyer today.