what if work comp attorney not giving any benefits

Filing a lawsuit against your employer and/or their work comp insurance provider may sound like a career-threatening choice, however, if they are not providing the compensation or assistance they are legally required, then you must take action. In most cases, the workers’ compensation process is relatively easy.

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How can a workers'compensation lawyer help my case?

For example, if your lawyer missed the deadline for filing your workers' comp claim, and there was no way to correct the mistake, you could potentially win an malpractice award that would compensate you for your lost workers' comp benefits. But you would still have to prove that you were likely to win your workers' comp case if you had been able to pursue it.

Do I need a lawyer for my Workers Comp case?

Jun 23, 2021 · If your benefits stop before that happens and there's no explanation, you should contact your lawyer immediately. It could be a mistake, or the insurance company may have decided to end your benefits for some other reason (for example, because it disputes your treating doctor's assessment of your condition).

Can an insurance company deny my workers’ compensation benefits?

A work injury attorney will charge anywhere from 33% to 50% of your final accident settlement. Worker’s Compensation lawyers generally work for a 15% fee of your final work comp settlement. If you’re workers compensation claim is denied, a work injury attorney can likely help you.

Is your lawyer dropping the ball on your Workers’ Comp case?

Dec 29, 2011 · If the workers compensation insurance company will not communicate with your lawyer, the lawyer may still request a ruling from the State Board of Workers Compensation. A judge has the power to correct your compensation weekly rate. A judge has the power to order payment of back compensation benefits.

Your Workers' Comp Benefits Stop Without Explanation

If you’re receiving weekly benefit checks while you’re off work, they’ll probably stop once your doctor has decided that you’ve reached what’s known as maximum medical improvement (MMI)—meaning that you’ve recovered as much as can be expected.

Your Lawyer is Pressuring You to Settle

There’s a big difference between explaining your realistic options and pressuring you to accept a lowball settlement offer. It may be time to adjust your expectations if your lawyer has given you clear reasons as to why the offer is the best you’re going to get, or why your chances of winning at a hearing are low.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

Can SSDI be reduced?

You plan file for Social Security disability benefits – Those benefits, known as SSDI , may be reduced by workers comp benefits. A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, ...

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

When is a settlement final?

When an employee represents himself or herself, the settlement is not final until the judge approves it. They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal. But the settlement usually has to be grossly unfair for a judge to reject it.

What is the purpose of a private investigator?

Insurance companies will sometimes hire a private investigator to observe an injured worker while they are under the physical restrictions of a doctor. If the private investigator’s video that he captures shows the injured worker doing more than he or she claims that they can, or if the injured worker is doing things ...

How to contact Virginia Workers Compensation?

If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.

Is it safe to get a Workers Comp award in Virginia?

Some folks assume that once they receive that magical Award from the Virginia Workers Compensation Commission, they are completely safe and have nothing to worry about. Not true! Yes, the Award is to protect benefits; however, if the insurance company can find a legitimate reason, they can still terminate (or attempt to terminate) your benefits.

What happens if you don't go to an IME doctor?

If the injured worker does not attend this exam, the insurance company can cut off lost wage benefits for not cooperating. However, if the IME doctor says you can return to work, the insurance company may use this as a way to attempt to stop the injured worker’s benefits (Call a workers’ compensation attorney right away!!!).

Does the insurance company have to pay lost wages?

Lost wage benefits only: If the injured worker quits their job while they are off of work due to an injury or on a limited duty status, the insurance company does not have to pay lost wages to the injured worker once they have quit their job.

What happens if you don't attend the IME exam?

If the injured worker does not attend this exam, the insurance company can cut off lost wage benefits for not cooperating. However, if the IME doctor says you can return to work, the insurance company may use this as a way to attempt to stop the injured worker’s benefits (Call a workers’ compensation attorney right away!!!).

What is a functional capacity exam?

The FCE is an exam where the examiner (usually a Physical Therapist) will have the injured worker do several movements and lift set amounts of weight in order to gauge the injured worker’s strength and physical abilities. The injured worker must cooperate with this exam and give full effort. If the Functional Capacity Examiner reports that the injured worker would not cooperate or he/she believes the injured worker was exaggerating their pain or diminished abilities, the insurance company can use this as a reason to stop benefits.