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Going for a workers’ compensation hearing in Virginia? Check these facts

If your workers’ compensation claim had been denied and you had filed an appeal, you will most likely have to appear for a hearing. Before you head for the hearing or start working on your strategy, consider talking to a Virginia injured at work lawyer. Also, don’t miss these key facts listed below.

  1. You are expected to be present at the workers’ compensation hearing. It is common for most cases, and your testimony in person is important. You could be asked to share details about how the accident happened and the steps you took immediately after getting injured. 
  2. You need to be careful about the defense attorney. The defense attorney has been hired by the insurance carrier, and they are definitely not on your side. They will do their best to use available facts, info, and technicalities to protect the interests of their client, and that’s one of the key reasons why you need to get a lawyer to defend your case. Also, limit your talk with the defense attorney. 
  3. Everything that happens at the hearing is not recorded. You may want a copy of the minutes, but there is no immediate transcript. However, the clerk will have a taped record of the things said, and the commission will not transcribe the details unless there is an appeal to get a typed transcript. 
  4. If there are witnesses to the accident and your claim, they are required to be present at the hearing. Just submitting a written statement is not enough. The witnesses would have to answer questions from both sides. 
  5. If you want to file evidence pertaining to the hearing, you must do so beforehand. The documentation that you intend to share at the hearing must be given to the defense team too.  
  6. Don’t expect a decision at the hearing. The Deputy Commissioner’s office will send a mail informing you of the final decision. You can expect a wait time of up to eight weeks after the workers’ compensation hearing. 
  7. If you are unhappy with the Commissioner’s decision, you can appeal against it. The insurance company and their defense team also have the same right. Please talk to your attorney about the time limit for such appeals. 

Heading for a workers’ compensation hearing can be stressful, and it is wise to get an attorney on your side so that you don’t have to deal with everything alone.

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