Request for Production of Documents in Virginia Workers Compensation
Documents, photographs, and video play an important role in winning your claim for workers comp benefits or negotiating a top-dollar workers compensation settlement. But getting these items can be difficult – especially when the employer and insurer have them and you don’t.
Don’t worry. Your workers compensation attorney can use a Request for Production of Documents and Things to get the items you need. This is an important discovery tool that we use in every work injury case.
Request for Production of Documents and Things from Claimant to Employer and Insurance Company
Comes now the claimant, by undersigned counsel, and issues the following Requests for Production of Documents and Things to the employer and its workers compensation insurance carrier, to be answered within the period provided by the Rules of the Virginia Workers’ Compensation Commission:
1. Produce and attach any document of any description which you reserve the right to introduce or intend to introduce at any hearing of this matter as evidence in your case in chief, or otherwise.
2. Produce and attach any document of any description related to the claimant’s wages, earnings, employment, and fringe benefits with the employer beginning with the initial job offer and continuing.
3. Produce and attach the claimant’s entire personnel and employment file. This includes awards, job offer letters, job descriptions, Human Resources notes, and disciplinary actions.
4. Pursuant to Rule 4.2, produce and attach any and all medical documents, including records, reports, and questionnaires, related to the claimant that you possess.
5. Produce and attach any document of any description substantiating any defense to the claimant’s cause of action and claims for benefits.
6. Produce and attach any document of any description, including letters, e-mails, or other correspondence, sent by the defendants to any physician, hospital, or healthcare provider who has examined the claimant or reviewed her records. If you’re alleging that these documents are privileged, please produce a privilege log that provides a summary of the documents being withheld.
7 Produce and attach any document of any description relating to your reporting of the accident to the Workers’ Compensation Commission, OSHA, or the insurance carrier. This includes any written accident reports, correspondence, or text messages from the claimant to you.
8. Produce and attach a statement regarding the qualifications of any expert witness you intend to call at the hearing in this matter.
9. Produce and attach any document of any description relating to how much you paid any expert witness to testify on your behalf.
Depending on our case and the facts in dispute, you may want additional documents. But this is a good starting point to determine the strengths and weakness of your workers’ comp claim and what additional evidence you may need to present your case at trial effectively.
For a no obligation consultation, call, text, or email attorney Corey Pollard today.
More Articles on Discovery in Virginia Workers Compensation
- Claimant’s Interrogatories to the Employer and Insurer
- Answering Interrogatories in Workers Compensation Claims
- How Can I Request a Subpoena in My Workers Comp Case?
- Independent Medical Examination (IME) in Workers Compensation
- Turning Over Medical Records in Your Workers Comp Case
- Handling Your Workers Comp Deposition