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What happens if my workers’ compensation claim is denied?

On Behalf of | May 5, 2020 | Workers' Compensation Blog Post |

If you have experienced an accident on the job or developed an illness related to your job duties or place of employment, you may wish to seek assistance by filing a claim for workers’ compensation benefits.

Approval of a workers’ compensation may not always occur after you file your initial claim. If you receive a denial of your claim, you should know what options remain for you to have your claim reviewed.

Post-denial hearings by a Deputy Commissioner

As explained by the Virginia Workers’ Compensation Commission, a claim for workers’ compensation benefits originally denied by the Commission may be eligible to be reviewed at a hearing conducted by a Deputy Commissioner. You and your employer or the insurer should expect to receive the Deputy Commissioner’s decision via a written notice.

Two levels of appeals

If the Deputy Commissioner denies your claim, you may appeal that decision so long as you file your appeal within 30 days of the denial. The appeal should be made directly to the Workers’ Compensation Commission. This is the first of two potential appeals that may occur.

If your first appeal results in yet another denial of your claim for benefits, you may request a second appeal. This appeal must be made within 30 days and would have your case heard by the Virginia Supreme Court. Your employer or the insurer may also appeal a case to the State Supreme Court.

This information is not intended to provide legal advice but is instead meant to let employees in Virginia understand the options they may have if their original claim for workers’ compensation benefits is not approved by the Workers’ Compensation Commission.