Virginia workers comp claims are often battles of attrition. There are many things you should do to protect your legal rights and to give yourself the best chance of getting all the workers compensation benefits you’re entitled to. And there are many things you should avoid. In honor of one of my favorite romantic comedies (I’m not afraid to admit it), here is my list of how to lose a work injury claim in five ways.
5 Ways to Lose Your Workers’ Comp Claim Before Trial
Don’t delay. There’s a German proverb that says, “A little too late, is much too late.” The same is true with Virginia workers compensation time limits. In addition to your Norfolk VA workers compensation lawyer, you must also give written notice of your accident and injury to your employer. No matter the type of accident or the injury suffered, tell your company’s designated safety person how you were injured, what body parts you injured, and that you need medical care. And put it all in writing!
Don’t give up. In my experience all insurance companies live by the three “D’s” – delay, deny, dispute. And they practice these methods at every stage of the game. Is the insurance company refusing to provide recommended medical treatment? Don’t give up. Fight it. Is the insurance company arguing that your job search is inadequate and that you’re not eligible for wage loss benefits. Don’t give up. Fight it. You must be proactive to get the medical benefits and lost wages to which you’re entitled. And you must be patient also.
Don’t trust your employer. Ernest Hemingway said, “The best way to find out if you can trust someone is to trust them.” I like many of Hemingway’s books. He is recognized as one of the greatest writers of all time. But you shouldn’t follow his advice in your workers’ compensation claim. No matter how long you’ve worked for the employer or how much your boss seems to like you, you have to look out for yourself. And this means not trusting your employer to do the right thing. Dot your I’s, cross your T’s, and pursue your work comp claim even if your employer says it has your back. It’s the insurance company that will call the shots for the defendants, not the employer.
Don’t lie. Every case is about credibility. No matter the accident. No matter the injury. No matter the person. And no matter the average weekly wage. If you lose your credibility you will probably lose your case. Tell the truth at all times, especially during deposition and hearing, if you want to win your case. I tell clients all the time that I can deal with bad facts, but I can’t deal with surprises and lies. Bad facts can be overcome in workers’ comp cases. But the claimant’s lack of credibility cannot.
Don’t go it alone. Hire one of the best workers compensation lawyers in Norfolk, VA after your work accident. This is the best way to avoid making silly mistakes that can cost you big time while trying to win at trial or negotiate a workers compensation settlement. Insurance companies will show you more respect if you have an experienced attorney in your corner. And most work comp lawyers work on a contingency fee basis, so you pay no fee unless you recover.
Virginia workers compensation laws are here to help you after a work accident or the diagnosis of an occupational illness, but you must know how to navigate the system. If you’re hurt at work, contact attorney Corey Pollard to protect yourself and your family. Your consultation is free and there’s no fee unless you win.