Virginia Workers Compensation Attorney: Is One Necessary?
Posted: Sunday, September 16, 2007
by jervalaw
Law Office of Jerry Lutkenhaus
Some situations require consultations with an experienced Virginia Workers Compensation attorney. In my 30 years of experience as an attorney, these aspects of a case require at least a consultation with a lawyer if not representation.
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.
CLAIM 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. You can call us about your case for a "free consultation."
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.
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.
CLAIM 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. You can call us about your case for a "free consultation."
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' Compensation 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 our web sites at www.geraldlutkenhaus.com and www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.
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Top-level comments on this article: (1 total)Richmond Virginia Workers Compensation is more difficult than I thought. I guess if I was injured I would check with a lawyer probably this one.Virginia Workers Compensation can be difficult. Contact me for a free consultation by telephone or email.
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