Wise, Virginia Workers’ Compensation Lawyer
Have you or a loved one suffered a debilitation injury at work and want to ensure you receive proper care and compensation? If an authorized treating physician determines that you or your loved one suffered a work-related injury, your family could be entitled to receive workers’ compensation for medical expenses, travel costs, wage replacement, and partial or permanent disability.
Unfortunately, obtaining full and fair workers’ compensation benefits in Virginia can be challenging, as employers and insurers are financially motivated to deny claims and medical treatment and the full benefits owed under the law. As a result, individuals frequently do not receive the full compensation and benefits to which they are entitled, despite having compensable work-related injuries or illnesses. Wise, Virginia workers’ compensation can help.
If you (or a loved one) were injured on the job, we invite you to call The Law Offices of Mark T. Hurt to schedule a free, no-obligation consultation. We represent injured workers on a contingency-fee basis, meaning we are only entitled to a fee if we obtain compensation.
Call Our Office Today at (276) 623-0808 to Learn How We Can Help Obtain the Compensation and Benefits You Deserve!
What Types of Injuries and Illnesses May Be Covered by Virginia Workers’ Compensation?
If you were injured while at work or performing a work-related activity, you might be eligible to claim Virginia workers’ compensation benefits.
The following are a few examples of the workplace injuries and illnesses that may be covered:
- Amputations of limbs
- Exacerbation of a pre-existing condition
- Back and spinal cord injuries
- Toxic chemical exposure
- Bacterial infections
- Carpal tunnel syndrome
- Fractures and broken bones
- Hearing loss
- Traumatic brain injuries
- Paraplegia or quadriplegia
- Vision impairment or loss
If you are unsure if you qualify for workers’ compensation benefits, please do not hesitate to reach out to The Law Offices of Mark T. Hurt to schedule a complimentary consultation. As a Wise workers’ compensation lawyer with decades of experience, firm-founding attorney Mark Hurt can listen to the facts of your case, explain your legal options, and tenaciously fight to get the maximum benefits to which you are rightfully entitled.
What Types of Benefits Can I Secure Through Workers’ Compensation?
Workers’ compensation is a no-fault system, meaning any worker who is injured on the job (regardless of whether they were partially at fault for an accident) may qualify for benefits. Thus even if you feel you may have been partly to blame for a workplace accident resulting in injury, you are still entitled to compensation.
If you or a loved one suffered a legitimate job-related injury, you might be entitled to compensation one or more of the following:
- Authorized primary doctor and specialist(s) visits.
- Authorized medically necessary care related to a work-related injury (e.g., doctor’s visits, hospitalization, physical therapy, medical tests, prescription drugs, prostheses, etc.).
- Mileage Reimbursement (for travel to and from physician visits).
- Temporary Partial Disability (TP) – If a worker is allowed to return to employment with restrictions, he or she may be entitled to compensation to supplement any loss of earnings caused by the restricted work status).
- Temporary Total Disability (TTD) – If an employee is taken off work by a physician, then the worker may be entitled to two-thirds of their average weekly wages (calculated based on earnings from the 52 weeks before the injury); however, benefits are not payable until the eighth day of disability.
- Permanent Partial Disability (PPD) – If a doctor finds that an injury has reached a state of maximum medical improvement (or “MMI”). MMI means that a condition is not expected to improve, even with additional treatment. In this case, a physician may call for a possible impairment rating. If an injury victim receives an impairment rating over 0% to a qualifying extremity, they may be entitled to PPD benefits.
- Permanent Total Disability (PTD). If an injury permanently stops a person from working, he or she may be eligible for PTD.
- Death Benefits. If a work-related injury results in the death of an employee, surviving dependents may be entitled to:
- Burial expenses up to $10,000;
- Reasonable transportation expenses up to $1,000; and
- Compensation for the lost income of the decedent.
Do I Need a Wise Workers’ Compensation Lawyer to File a Claim?
While it may be possible to handle minor incidents without the assistance of an experienced Virginia workers’ compensation attorney, navigating the claims process for a complex injury or illness can be challenging. Employers (and their insurers) typically will do whatever is necessary to avoid paying maximum and fair compensation when significant expenses are involved, including blaming the victim for the cause of the injury (which is not an allowable defense in workplace accidents).
Without a lawyer on your side, you may be a risk of not getting the full benefits you deserve. At The Law Offices of Mark T. Hurt, we represent injured workers on a contingency-fee basis, meaning we are only entitled to a fee if compensation is recovered. If successful, we typically charge a fee of 20% of the compensation recovered.
Why Are Workers’ Compensation Claims Commonly Denied in Virginia?
While workers’ compensation was designed to be a no-fault system, valid claims are regularly denied for a variety of reasons, including:
- Written notice was not given to the employer within 30 days of an incident
- A worker had drugs or alcohol in his or her system
- An individual failed to seek immediate medical treatment
- A claim occurs on the first day of work
- A claim was filed after a worker was terminated or received disciplinary action
- A claimant missed a filing deadline
- The injured worker had a pre-existing condition or past work injury
- There were no witnesses to the accident
- The individual was not injured at work
Employers (and their insurance companies) often look for any possible reason to deny or discontinue workers’ compensation benefits. If you were denied benefits or treatment, do not be discouraged, as there are several appeal options available.
A claimant has the right to challenge a benefit denial by filing a Motion for Reconsideration within thirty days after the date of the written determination. If the Deputy Commissioner upholds a benefit denial during such reconsideration, a formal review request can be initiated to have the case evaluated by a panel of three alternative Commissioners.
Schedule A Free Consultation with Experienced Wise, Virginia Workers’ Compensation Lawyer Mark Hurt.
The workers’ compensation claims process can be challenging, as there are strict filing requirements and deadlines. For example, to be eligible for benefits, a victim usually must provide written notice to their employer within thirty days of being injured at work, as failure to do so may compromise a claim.
For over two decades, Mark Hurt has been helping residents of Wise, Virginia and the surrounding communities obtain compensation for injuries. If you need help filing a claim or appealing a denial, we encourage you to call our firm to schedule a free consultation today.