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What are Workers’ Compensation benefits?
How do I seek medical treatment?
Do I have to hire a lawyer to get Workers’ Compensation
benefits?
What are some of the issues associated with Workers’
Compensation claims?
How do I file a Workers’ Compensation claim without an
attorney?
What do I do if my claim is accepted?
What if my claim is denied?
How will Marks & Harrison help me with my Workers’
Compensation claim?
What are Workers’ Compensation benefits?
Benefits include payment for all medical treatment (prescriptions, supplies,
equipment, hospital costs, doctor bills) and a portion of your weekly wages.
Benefits for lost wages will vary depending on whether your injury is considered
a temporary total disability or a permanent disability. Compensation is based on
your average weekly wage (gross earnings before the accident or disease, usually
during the preceding 52 weeks, and includes overtime and other benefits provided
by the employer such as meals, uniform, car and housing allowances).
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How do I seek medical treatment?
After receiving notice of your industrial accident or occupational disease, your
employer should give you a list of three doctors. You are required to select a
treating doctor from this list. You may choose your own doctor if you employer
does not give you a list. If you claim is compensable, your employer will pay
for medical costs that are reasonable and necessary. Your compensation payments
may be suspended if you fail to attend any scheduled medical appointment or if
you fail to follow the treatment program prescribed by the doctor.
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Do I have to hire a lawyer to get Workers’ Compensation
benefits?
When a worker is injured, his or her claim is filed with the Workers’
Compensation insurance company (or self-insuring employer) who pays medical and
disability benefits according to a state-approved formula. However, it is
strongly advised that injured employees consult a professional who understands
the Workers’
Compensation laws that apply to their specific circumstances. An
attorney qualified to interpret Workers’
Compensation laws will be able to
provide legal guidance and assistance to ensure full recovery of all funds to
which the injured worker is entitled. Your employer and its insurance company
will always have an experienced attorney representing their interests. You will
also be dealing with insurance adjusters who work for the insurance company and
whose job it is to pay as little as possible.
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What are some of the issues associated with Workers’
Compensation claims?
Your employer can deny Workers’
Compensation claims. Employers can stop paying
benefits. Employer fraud does exist since the employer’s Workers’
Compensation insurance premiums can go up when a claim is filed (much like your
car insurance premiums are higher if you file a claim). Workers can be cheated
out of part of all of their Workers’
Compensation claims if employer fraud is
present. There are also limitations to Workers’
Compensation laws and even
more misunderstandings about what they mean. For instance, independent
contractors are not eligible to collect benefits, although the definition of an
independent contractor can be vague. Other workers not covered include business
owners, farm workers, and railroad employees. An attorney representing your
interests will help you deal with these issues as well as many others, including
returning to work and how your claim is impacted by pension benefits and
unemployment compensation.
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How do I file a Workers’ Compensation claim without an
attorney?
It is your responsibility to timely file your claim with the Virginia Workers’
Compensation Commission, even if your employer is voluntarily paying your wages
and medical bills.
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What do I do if my claim is accepted?
You may be asked to sign a form called an Agreement to Pay Benefits. This form
states that you were injured on the job or disabled by an occupational disease,
lists any period of disability and has other information about your claim. Make
sure that all the information is correct especially the stated average weekly
wage and the body parts that were injured or affected. The Agreement to Pay
Benefits will be sent to the Virginia Workers’ Compensation Commission for an
award to be entered on the information on the Agreement. The award requires the
carries to pay your benefits.
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What if my claim is denied?
Many claims are denied bases on a doctor’s report that you are not injured.
You have a right to challenge this and this is where having an attorney
represent you becomes very important. Although the law allows you to represent
yourself, under most circumstances you should hire an attorney experienced in
Workers’
Compensation to handle your claim.
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How will Marks & Harrison help me with my Workers’
Compensation claim?
There is never a charge for an initial consultation and you will pay no legal
fees unless you hire us. Our team of lawyers and support staff strives to
satisfactorily meet client objectives and goals by focusing on your case. Should
you chose to have us represent you, we will do the following:
- Meet with you to learn all the facts relating to your case
- Explain to you all of your important legal rights
- Review your medical records in order to obtain a full understanding or
your injuries and medical condition
- Meet with your physicians and health care providers.
- Answer all of your questions regarding workers’ compensation
- Keep you advised and informed about the progress of your case.
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