“You have to learn the rules of the game. And then you have to play better than anyone else.”

Seeking workers’ compensation benefits in Virginia  without understanding the Rules of the Virginia Workers’ Compensation Commission is a recipe for disaster. Even if you satisfy the substantive legal requirements to receive workers’ compensation, the insurance company may use the Commission’s Rules to find a way to deny your claim from a procedural standpoint. Don’t let this happen to you. Below is a list of important rules you should know and understand before filing a claim for workers’ compensation benefits in Virginia. Click on the links to find out more.

Rule 1. Prehearing Procedures

  • Rule 1.7 Workers’ Compensation Settlement
  • Rule 1.8 Discovery
  • Rule 1.9 Informal Dispute Resolution
  • Rule 1.10 Willful Misconduct
  • Rule 1.11 Prehearing Statement
  • Rule 1.12 Enforcement of the Virginia Workers’ Compensation Act and Commission Rules

Rule 2. Hearing Procedures

  • Rule 2.1 On the Record Decision
  • Rule 2.2 Evidentiary Hearing
  • Rule 2.3 Expedited Hearing

Rule 3. Posthearing Procedures

  • Rule 3.1 Request for Review
  • Rule 3.2 Written Statements
  • Rule 3.3 Additional Testimony
  • Rule 3.4 Oral Argument before the Commission

Rule 4 Filing Documents

Rule 4.1 Agreements

Rule 4.2 Medical Reports and Records

Rule 4.2 of the Rules of the Virginia Workers’ Compensation Commission addresses what parties to a work injury claim must do with medical reports received.

Rule 4.2 provides, in part:

Each party shall promptly provide the other parties with copies of any medical records they receive as they receive them. Unless otherwise directed by the Commission or these Rules, the parties shall not file medical records with the Commission until a hearing request is filed. The requesting party shall promptly file medical records supporting the request, if applicable. After a hearing request has been filed, the parties shall file with the Commission only medical records that are related to the hearing request. These records shall be filed upon receipt by the party filing them, and are required reports subject to the provisions of 65.2-902. A party is not required to file copies of medical records that another party has already filed.

Though Rule 4.2 mandates that the insurance carrier should provide the injured worker with copies of medical reports as they receive them, our experience is that this does not always happen when the injured worker is unrepresented by counsel. Be persistent and demand your medical reports from the carrier. These medical reports are often the key to winning your case and getting the benefits you deserve.

Rule 6 Award of Attorney’s Fees under Code Section 65.2-714

  • Rule 6.1 Agreement Between Parties
  • Rule 6.2 When Parties Fail to Agree on a Fee

Rule 9 Payment of Compensation

  • Rule 9.1 Waiting Period
  • Rule 9.2 Direct Payment

Don’t fight the insurance company alone. Contact Virginia workers compensation lawyer Corey Pollard for a free consultation. And don’t forget to check out his Virginia Workers’ Compensation Guide.

Corey Pollard Law , 801 E Main St #302a , Richmond , VA 23219 , United States (US) - Phone: 804-251-1620 Email: cpollardjba@gmail.com