When is it appropriate to seek counsel for a Workers’ Compensation injury?

It is never too early to seek legal advice when it pertains to a Workers’ Compensation injury. Speaking to an attorney to better understand your rights, does not necessarily mean you are in need of counsel or are retaining counsel. The attorney can lead you to the right course of action and advise you of whether or not you need legal counsel at the present state of your Workers’ Compensation claim. It is better to get legal advice early on than to wait until it is almost too late!

What do I need to do to “retain/hire” an attorney to assist me in my Workers’ Compensation Claim?

The first step is to contact the Attorney’s Office to schedule an appointment. When you meet with the attorney, he/she will advise you whether you need an attorney at this particular stage in your claim for benefits. If the attorney thinks that it is necessary for you to retain counsel and you choose to hire this attorney to represent you, it would be necessary for you to sign a “Retainer Agreement/Hiring Agreement.” The “Retainer/Hiring Agreement” would state in writing your rights and privileges as a client as well as the expectations of you as a client as well as all of the fees and expenses involved in Hiring your Attorney. He/She would advise you what to do from that point on.

When I retain an Attorney do I have to pay money up front or is it based on Contingency?

When you retain this firm for a Workers’ Compensation matter, the majority of the case is handled on a contingency basis. This would be further discussed with the attorney during an initial consultation.

What is the first step in obtaining benefits for a Workers’ Compensation Injury?

The first thing you need to do is file a claim with the Virginia Workers’ Compensation Commission (“VWCC”). You can do this by filing a blue claim form, which can be obtained either by calling the VWCC, (804/367-8615) and asking for information or by logging on to their website, www.vwc.state.va.us.  If you have problems with this, you should seek legal advice.

Is it my responsibility to keep up with dates and times of medical appointments, mileage and prescription expenses?

Yes. You should always keep track of the dates and times that you visit any medical provider for reasons relating to your Workers’ Compensation injury. Your attorney will need copies of all medical reports, office notes, medical bills, etc. and it helps if you know when and where you have been. 

You are also entitled to reimbursement for mileage and prescription expenses as well as photocopying, postage, telephone calls and DMV records as long as it pertains to your Workers’ Compensation claim. It is your responsibility to keep receipts and records for EVERYTHING. It is your responsibility to keep up with mileage incurred through trips to medical appointments (doctor’s offices, hospitals, physical therapy, etc.), as well job placement or training services (job training services, interviews, meetings with vocational rehab consultants, mileage incurred through vocational placement efforts, trips to the Virginia Employment Commission, etc.). Your attorney will provide you with “Mileage Reimbursement Forms.” You should keep track of each trip you take by date and identify where you went and the exact amount of “round trip” mileage. The current mileage reimbursement rate is $.44 per mile. 

You should keep a list of prescription expenses that you have had to pay out of pocket along with the receipts for the same to turn in to the insurance company. If you do not have a list, your pharmacy can provide you with a printout of all of your prescriptions. 

What Do I Do If I Am Receiving Weekly Indemnity Benefits And My Check Is Late In Arriving?

After benefits have been secured, your check may occasionally be late in arriving. If your check is over one week late, you should contact the adjuster to inquire as to the status. If you have problems with this, you may want to seek legal advice.

If I have been released by my physician to light duty and my employer cannot accommodate my restrictions am I obligated to look for other work?

Yes. If you have been released by your physician to do any type of work and your employer cannot accommodate the same, you are obligated to job search. You must keep a written log of your job search efforts in order to prove to the VWCC that you have been job searching per your capabilities. Your benefits can be terminated and your claim may be dismissed if you fail to cooperate with this aspect of your claim.

Can I file for Social Security Disability Benefits while my Workers’ Compensation claim is pending?

If it appears that you may be out of work for more than one year, you should definitely apply for Social Security Disability. You must notify the Social Security Administration of your Workers’ Compensation benefits, as they are subject to be offset. You may not be approved for Social Security Disability immediately upon applying. If you have trouble with this, you should contact an attorney that specializes in Social Security Disability.

Web Design provided by PC Medic Computer Repair

Graphics by Assurance Agency