Virginia Workers Compensation Denied: The Important Questions
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In my 30 years of reviewing workers' compensation denials I have seen the same patterns again and again. If your claim has been denied, then these are the questions you should ask yourself.
If your comp claim was denied for Virginia Worker's Compensation, then as an injured worker there are some questions you need to ask about the denial of your claim. The insurance company letter will typically say your work place injury & accident is "not compensable" under the Virginia Workers' Compensation Act. You need to ask yourself the following questions:
1. Did you injure yourself in a specific accident or was it a gradually occurring problem (such as tendinitis)?
2. Did you report it to a supervisor immediately and was an Accident Report filled out the day of the accident or at least within two to three days after the accident?
3. Did you immediately go to a doctor or an emergency room that day or at least the following day?
4. If you slipped and fell at work, do you know what caused the fall such as water on the floor, a slippery carpet, etc.?
5. Was there a witness who can confirm your accident and is he or she willing to come forward?
6. Were you under the influence of any drug such as marijuana, cocaine or alcohol at the time of your accident (Many employers will give an injured employee a drug test)?
7. Were you doing a work activity at the time of the accident or were you on a personal mission or errand?
8. Were you the victim of horseplay by a fellow employee?
9. Were you the victim of a personal assault by a fellow employee or someone else who was a stranger to the employment?
10. Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?
11. Did you injury occur as the result of a fight with a co-worker or your boss?
12. If you fell on a stairs, did you slip as the result of poor lighting, water on the stairs, other substance on the stairs, bad carpet, etc.
If your denial involves any of the above circumstances, then you should not talk to the insurance company but rather you should talk immediately to an attorney who specializes in Virginia Workers’ Compensation. You can check my article, "How to Choose the Best Virginia Workers Compensation Attorney." Knowledge of your problem is your best weapon.
Copyright© 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
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