Workers’ Compensation Lawyer in Northern Virginia
If you have been injured in an accident at work in Northern Virginia, you may be entitled to wage compensation and lifetime medical benefits. Vanessa Reed, the founder of the Reed Law Firm, is an attorney with over 20 years of experience. She routinely handles workers’ compensation cases throughout the Northern Virginia area. She also handles work injury claims that arise out of occupational diseases, conditions caused by exposure to hazardous substances, and carpal tunnel syndrome.
If you have been denied compensation, or are considering settlement of your claim, we invite you to schedule a free consultation with an experienced workers’ compensation attorney. We have in office appointments available at our Manassas office and convenient phone appointments to fit your needs. Our goal is to help you understand your rights under the Virginia Workers Compensation Act and to help you form a plan of action to obtain the benefits you are entitled to. A workplace injury can cause significant financial issues due to time lost from work, medical bills, and expenses. It is imperative to retain the services of an experienced and knowledgeable Virginia workers’ compensation attorney in order to protect your rights.
Notice Of Injury
In the event you have been injured in a workplace accident in Northern Virginia, you must give your employer written notice of the accident within 30 days. If you fail to do so, your claim may be barred. During your consultation, we will help you to determine whether you have given adequate notice of your work-related injury to your employer. We can also help you give proper notice if that has not occurred.
Filing A Claim
If you are injured at work, there are several things that you must do immediately to protect your rights. All workers’ compensation claims in Northern Virginia start with the filing of a Claim Form with the Virginia Workers’ Compensation Commission. The form describes what benefits the worker is seeking, the date and location of the accident, the nature of the injuries, and other identifying information about the claimant and the employer. After completing the form, it must be submitted to the Commission to create a claim. If you are being voluntarily paid by the employer or its insurer, it does not alleviate the requirement that you file a claim for benefits. If you fail to file a claim for benefits within two years of the date of the accident, your claim may be permanently barred by the statute of limitations even if you have previously been paid benefits under the Act.
Once your claim has been filed, the employer and insurer will have 30 days to advise whether the claim is accepted. If the claim is accepted, agreed forms are signed by all parties and submitted to the Commission. An award order is then issued granting the benefits the parties have agreed upon.
Preparing for a Hearing
In the event that your claim is initially denied, a hearing may be necessary to determine whether your claim is compensable and also what benefits you may be entitled to. To prepare for this hearing, our office will assist you in answering any discovery (questions and requests for documents) that may be required. It is critical that discovery is answered in a timely manner and that your answers are accurate and as complete as possible. Discovery may also include collecting supporting evidence such as medical records and taking depositions of witnesses that may be called upon to testify at the hearing. We will work with you to prepare you to testify in a deposition if required and to protect your interests by obtaining all evidence needed for presentation of your claim at the hearing.
Attending the Hearing
After all preparations have been made, a hearing will be conducted before an administrative law judge called a Deputy Commissioner. In Northern Virginia, workers’ compensation hearings are held in Fairfax, Manassas, and Berryville. We routinely appear for hearings at these and other locations throughout the state.
A workers’ compensation hearing resembles a courtroom trial. At the hearing, you may present all relevant testimony and evidence in support of your claim. However, there is no jury that decides the case. All matters of law and fact are determined by the Deputy Commissioner. Following the hearing, the Deputy Commissioner will issue an opinion summarizing the testimony and evidence. The opinion will also determine whether benefits will be granted in your case. In some cases, unfavorable opinions may require an appeal to the Full Commission for further argument.
Remedies in Addition to Workers’ Compensation Benefits
Although an injured worker is generally limited to filing a workers’ compensation claim against the employer, an injured worker may be able to recover from other negligent third parties under certain circumstances. For example, if an employee is injured at work in a car accident, there may be both a workers’ compensation claim, and a third-party personal injury claim against the other driver.
At the Reed Law Firm, we regularly litigate personal injury, and workers’ compensation claims. We can help you determine if a third party may be liable for your injuries. Overlooking a workers’ compensation claim or third-party claim can be a costly mistake. In some cases, we have helped our clients recover hundreds of thousands of dollars through third party actions that could have potentially been overlooked. Therefore, it is always important to investigate whether third parties, unrelated to your employer, may also be held responsible for your injuries.
Before you retain an attorney in Northern Virginia, schedule a free consultation with our office for an independent review of your claim. In addition, make sure you read our page on Protecting Your Claim. Immediate action may be necessary on your part to prevent an accidental compromise of your benefits. Call us today to schedule your consultation.