A Virginia Workers Compensation case may often require you to seek legal advice. In my 30 years of experience as a lawyer, some of those reasons.

ACCIDENT: A good lawyer can tell you if what happened to you constitutes a compensable accident under Virginia law. For example, repetitive lifting is not a compensable accident under Virginia law.

DISEASE: If you have a disease the lawyer can tell you what you will need to show in order to make your disease compensable under Virginia law. For example, carpal tunnel syndrome can be compensable under Virginia law but you have to overcome a number of evidentiary hurdles.

DOCTOR: The insurance company wants you to go to see its doctor. The lawyer will advise you about this and the three doctor panel rule in Virginia.

RECORDED STATEMENT: The adjuster after hearing about your accident wants to take a recorded statement. Do you have to give a statement? The lawyer can explain this to you.

DENIED: Your claim has been denied. Now what? Should you get a lawyer? It is essential that you obtain a lawyer as possible. Waiting is a big mistake. The lawyer may have to do discovery to find out why the claim was denied and what evidence is necessary for a winning case.

HEARING: There is a dispute and now the Commission has scheduled your case for a hearing. Should you now get a lawyer? There are timelines for discovery as indicated in the prior note. Waiting until a few days before the hearing is not a good idea.

RETAINER FEE: Will I have to pay an attorney a big retainer fee? If you have a good case, the lawyer may be willing to take your case on a contingency fee so a retainer fee may not be necessary.

PERSONAL INJURY: My workers comp case also involves a personal injury case. A lawyer is necessary to sort this out and obtain the maximum benefit for you under both claims.

APPEAL: You lost the case. You failed to get an attorney. You should immediately have an attorney review the decision. You may be able to retrieve something in the appeal.

SETTLEMENT: I just want to settle my case and I dont want to pay an attorney. Why should I get one? The biggest problems are (1) you dont know the value of your claim; (2) you dont know if there are serious problems with your claim; (3) you dont know if the insurance company can defeat your claim; (4) you may want a million dollars ($1,000,000.00) for your injury but is this achievable; and (5) you may be able to negotiate a reasonable fee with the lawyer.

SUMMARY: There are many reasons to have an attorney review your workers compensation case. I have listed some of the reasons.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers Comp Law in the Richmond, Virginia area for over 30 years. He was given an “AV” rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your comp case.