Tazewell, Virginia Workers’ Compensation Lawyer
Employees who suffer on-the-job injuries or occupational illnesses may be eligible for financial compensation under the Virginia Workers’ Compensation Act, regardless of who is at fault. However, injury victims only have a limited amount of time to comply with strict administrative deadlines. Specifically,
- an employee should notify an employer regarding a work injury no later than thirty days from the date of the accident (otherwise, a claim might get rejected); and
- a claim typically must be filed with the Virginia Workers’ Compensation Commission within two years after the accident.
If you (or a loved one) were injured on the job, it is critical to immediately reach out to a trusted Virginia workers’ compensation lawyer who can ensure timely filings and fight to get you full compensation and benefits. In his more than two decades of legal practice, firm-founding attorney Mark Hurt has gained a reputation within Tazewell and the surrounding communities for being a tenacious advocate who demands full and fair compensation for injured Virginia workers.
Call Us for a Free Consultation to Learn About the Full Benefits to Which You are Entitled!
Insurance companies and employers focus on minimizing liability and expense payment. They are not interested in making sure that injured employees receive the full compensation and benefits required by law.
If you or a loved one was injured at work, we invite you to call The Law Offices of Mark T. Hurt today to schedule a free consultation to learn about your rights and options for seeking compensation for medical care, wage replacement, and other expenses.
How Much Does an Experienced Tazewell Workers’ Compensation Attorney Cost?
As a workers’ compensation law firm that has been serving Tazewell and the surrounding communities for over two decades in a variety of personal injury and work injury matters, we understand how financially devastating an on-the-job injury can be for a worker and their family. We represent injured workers on a contingency-fee basis, so that they do not need to be concerned about legal fees while their ongoing, which is especially helpful when a person cannot work because of their injury. With contingency fees, we are only entitled to a fee if we successfully recover benefits and compensation.
How Much are Workers’ Compensation Legal Fees in Virginia?
While attorneys in personal injury cases normally receive a fee of 33% or more of the settlement or damages awarded, under Virginia law, attorneys’ fees for workers’ compensation matters are typically limited to 20% of the compensation obtained for a client, regardless of the amount of time spent on a matter.
What Should I Do If I Was Injured at Work?
If you were injured at work or while engaged in a work-related activity, it is vital to report the incident to your employer as soon as possible. If an injury is not reported within 30 days in Virginia, a claim might be denied.
Another reason for reporting an injury promptly is that if a worker does not timely report and document an accident, an employer (or their insurance company) may argue that the injury was not sustained at work. This is often the case if a work injury from one week is not reported until the next week – an insurance company may claim that the injury actually occurred over the intervening weekend.
In addition to notifying an employer, a claimant should:
- Seek immediate medical treatment;
- Follow the treatment plan recommended by authorized physicians;
- Contact our firm to schedule a free consultation with experienced Tazewell work injury attorney Mark Hurt; and
- File a claim with the Virginia Workers’ Compensation Commission.
We help clients navigate through every stage of the workers’ compensation application process, from initial applications to appealing denials.
What Types of Benefits Can Injured Workers Receive Under the Virginia Workers’ Compensation Act?
Benefits covered under the Virginia Workers’ Compensation Act include:
- Medical benefits for the injury (i.e., payment for current and future medical treatment and expenses for a workplace injury or occupational disease)
- Temporary Total Disability (i.e., wage loss replacement while completely out of work)
- Temporary Partial Disability (i.e., wage loss replacement for time off work or during light duty if wages are less)
- Permanent Partial Disability (compensation for amputation, loss of use of a body part, loss of hearing, etc.)
- Medical Expenses (reimbursement or the payment for prescription drugs, transportation to doctor visits, medical bills, etc.)
- Death Benefits (such as funeral and burial expenses, wage loss replacement for a surviving spouse, children, or other certain dependents)
- Other Benefits (e.g., vocational rehabilitation, consultations with specialists, etc.)
What Factors Can Affect the Amount of Compensation I Receive for a Work Injury?
In Virginia workers’ compensation cases, there are a number of factors that can impact compensation, including:
- Whether a worker was injured on the job. Insurance companies often allege that claimants were not injured on the job or attempt to place blame on a pre-existing injury or illness. To qualify as a compensable event, an injury must occur during work or a work-related event.
- What treatment is medically necessary? Injured workers are entitled to medical treatment to improve an injury. However, insurance companies routinely try to deny ongoing treatment on the basis that it is not medically necessary or that the treatment will not improve the condition.
- What is the degree of impairment? The degree of impairment and workplace limitations, as documented by a treating physician, can affect the compensation to which an individual is entitled. For example, if a doctor determines that a person is incapable of returning to work, such person may be entitled to permanent disability benefits.
- When is maximum medical improvement (MMI) reached? Injured workers who are temporarily disabled are entitled to receive two-thirds of their wages until they are authorized to return to work or until they have reached MMI. MMI is reached when an individual’s condition is no longer expected to improve, even if additional medical treatment is administered. As such, employers (and their insurance carriers) have a vested interest in documenting that an injured employee has achieved MMI as soon as possible, as this can terminate their financial responsibilities.
As an experienced Tazewell workers’ comp attorney, Mark Hurt assists workers in seeking to have compensation and benefits continued as long as provided under Virginia law, tenaciously opposing efforts of insurers to prematurely end medical treatment or cash benefits.
What Should I Do If I Was Denied Workers’ Comp Benefits in Virginia?
Employers and their insurers have a financial interest in paying the least amount possible for claims. Consequently, they will often deny or prematurely end benefits based on formal technicalities, application errors, missed deadlines, or other non-health-related reasons.
If a claim is denied, the employee is entitled to receive written notice from an employer or insurance company detailing why the claim was denied. If you were injured at work, you deserve full and fair compensation to help cover healthcare and other expenses, as well as to make up for lost wages. If you are wrongfully denied benefits, you have a right to explore several sequential appeal options, including:
- Filing a Motion for Reconsideration asking for the Deputy Commissioner to reevaluate a claim;
- Requesting a review by the Full Workers Compensation Commission;
- Filing an appeal with the Court of Appeals of Virginia; and
- Petitioning the Supreme Court of Virginia to review the case.
If you believe you were wrongfully denied treatment or benefits for a work-related injury, we invite you to call our office to learn more about your appeal options.
Call The Law Offices of Mark T. Hurt to Schedule a Free Workers’ Compensation Consultation.
As a Tazewell workers’ compensation attorney, Mark Hurt can listen to the facts of your case, explain your legal rights under Virginia law, and zealously advocate to get you the full and fair benefits you and your family deserve. However, if an award is unfair (in accordance with the law) or an insurance company seeks to deny benefits that are legally due, we can tenaciously oppose these efforts to deny or withhold benefits wrongfully.