Geoff McDonald & Associates wins the biggest settlement for Virginia in 2020 for $38.2 Million. Click for details.

Denied Workers Compensation Claim – What to Do

Mar 9, 2014 | Workers' Compensation

If your workers’ compensation claim has been denied, do not give up. You may still be able to get the benefits you deserve. Virginia workers’ compensation laws provide a multi-step appeals process. You may have several opportunities to provide additional evidence, including witness testimony, to strengthen your claim.

The workers’ compensation appeals process may include a series of hearings if necessary. They are conducted according to rules of evidence and courtroom procedure. You do not have to be represented by a lawyer, but employers and insurers that oppose a claim will likely have one or more lawyers working for them.

The Richmond workers compensation attorneys at Geoff McDonald & Associates can level the playing field. We have helped hundreds of people just like you get the workers’ comp benefits they need and have already earned.

Let us help you appeal a denied Virginia workers’ compensation claim. We can make sure your claim documents are complete and accurate, and that they make a strong case for awarding you benefits. Contact us now for a free claim review.

Appealing a Virginia Workers’ Compensation Decision

Don’t give up on your workers’ compensation claim if it has been denied. It is not unusual for an initial claim to be rejected. Sometimes it is for technical reasons or because something is missing from the large amount of information the Virginia Workers’ Compensation Commission requires.

If your initial workers’ compensation claim has been denied, you should file a written request for a hearing with the Workers’ Compensation Commission within 30 days of the date on your denial notice.

Your appeal will be assigned to a workers’ compensation judge who will hear evidence from you and from your employer or the insurer. This is a formal proceeding similar to a court hearing. Testimony will be taken under oath, and witnesses can be cross-examined. The judge will issue a written decision within a few weeks of the hearing.

For a successful hearing you should:

  • Have new evidence beyond what was in your original benefits application to support your claim. What will you say or show to convince the judge that the initial denial of your claim was a mistake? Can you identify any problems with your original application, and do you know how to correct them?
  • Be ready to testify and answer questions your employer’s attorney asks. This won’t be the first time your employer’s attorney has questioned a witness. It won’t be his or her first workers’ compensation hearing, either. Will you be ready to help your claim under this type of questioning?
  • Be ready to ask witnesses questions that will bring answers that help your claim. Have you ever questioned a witness in a courtroom setting?
  • Make sure you attend all doctors’ or therapists’ appointments. To remain eligible for workers’ compensation, you must continue to receive treatment for your injury as recommended by your assigned doctor. Do you have time and energy to compile an appeal on top of doctors’ appointments and other day-to-day obligations despite being injured?

If you disagree with the workers’ compensation judge’s ruling, there are additional levels of appeal available. At each level, the hearing is a bit more formal than the previous one. You have 30 days from the date of that court’s ruling to appeal to the next level.

The appeals process includes hearings before the:

  • Full Virginia Workers’ Compensation Commission.
  • Virginia Court of Appeals.
  • Supreme Court of Virginia.

An appeal to the Supreme Court is a request to be heard, which must be made in writing. The court may decline to hear your case.

Workers’ compensation insurance is a legal matter. Legal training that includes experience with Virginia’s workers’ compensation law and specific claim cases may go a long way toward mounting a successful appeal of a denied claim.

At Geoff McDonald & Associates, our attorneys and case managers have the experience required to successfully appeal a denied workers’ comp claim.

Need Help Appealing a Denied Comp Claim?

If your workers’ compensation claim has been denied in Virginia, contact Geoff McDonald & Associates as soon as possible. 

Geoff McDonald & Associates can help you appeal a denied workers’ compensation claim in Virginia. We know how insurance companies work to deny injured workers the benefits they deserve, and we know how to stop them from doing it.

Call us or fill out our online contact form now to find out how we can help you appeal a workers’ comp ruling. The initial consultation is free and has no strings attached.

Geoff McDonald and Associates: 866-369-9051.

FREE CONSULTATION

No Fees Unless We Win





    Workers’ Compensation and Repetitive Stress Injuries in Virginia

    Many people unintentionally torpedo their own injury claims when they give statements to insurance adjusters. Work-related repetitive stress injuries are a good example. Unless your pain has an ascertainable starting point, as outlined below, claims examiners in...

    Can an Independent Contractor Seek Workers’ Comp Benefits?

      Virginia’s workers’ compensation system provides benefits for employees who get injured while doing their jobs. The Virginia Workers’ Compensation Act has a specific definition of an employee and many independent contractors do not fit that definition. However,...

    Can I Recover Workers’ Comp Benefits for a Heat-Related Injury?

    You never know how long you may be unable to work due to a heat-related injury. Even if you are eligible for workers’ compensation, these benefits do not cover all your lost earnings while you are unable to work in the same capacity as before. That is why, if your job...

    Are Remote Work Injuries Covered by Workers’ Compensation?

    Many people have been working from home to help slow the spread of coronavirus and try to avoid contracting this potentially deadly disease. With this increase in remote work, there could be an increase in at-home injuries while people are on the clock. This raises...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald