Contested Hearings, Alternative Dispute Resolution, and Settlement Conferences in Virginia
The state of Virginia requires the majority of employers to maintain workers’ compensation insurance, which is designed to pay medical and wage replacement benefits to workers who are injured while performing work-related duties. However, while workers’ compensation insurance may be in place precisely to provide workers with the compensation they deserve, things do not always play out this way. In fact, many workers’ compensation claims are disputed or denied, leaving injured parties with questions about where to turn next. At the office of Hampton Injury Law, Mr. Hoen can help you understand contested claims, hearings, alternative dispute resolution, and final settlement conferences.
Contested Workers’ Compensation Claims and Hearings
As stated above, it is not uncommon for workers’ compensation claims to be denied or for employers/insurance adjusters to disagree with injured workers about the amount of compensation that’s deserved. When this is the case, the workers’ compensation claim is referred to the judicial division for adjudication (the process of making a formal decision on the matter). In order to make the decision, the case will go to a hearing, as explained by the Virginia Workers’ Compensation Commission. If you disagree with the outcome of a hearing, you reserve the right to appeal the decision.
Alternative Dispute Resolution
While a hearing may be a worthwhile and necessary way to seek a resolution on a disputed workers’ compensation claim, alternative dispute resolution (ADR) is also an option. The most common form of ADR is mediation, in which parties to a claim work with a neutral, third-party mediator to discuss their desires for resolutions, present their opinions, and hopefully reach a settlement together without a hearing. If the dispute is not resolved through mediation, the right to a hearing is maintained.
Settlement Conference
When a settlement is reached between parties, the proposed settlement must be submitted to a Deputy Commissioner for approval. In some cases, the Commission may require a conference with the injured employee prior to settlement approval. If a conference is necessary, all parties will be notified in writing. As a note, the Commission has a duty to only propose settlements that are within a claimant’s best interests.
Work with an Experienced Workers’ Compensation Attorney
In order to protect your right to compensation if you are injured on the job, calling a talented workers’ compensation attorney with years of experience is a must. At Hampton Injury Law, our attorney has the legal skill set your case demands.
You can contact Attorney Jan Hoen of Hampton Injury Law today to schedule your free case consultation. Please feel free to reach out at any point in the workers’ compensation process, whether you have yet to file a claim, have recently received notice of claim denial, or want to appeal a claim. Mr. Hoen can help.
