Although workers' compensation may seem to be a relatively simple process at first glance, the intricacies involved in filing a claim with significant injuries are vast. Determinations regarding work status, type of employment, who the responsible parties are, and if there are any third-party actors which should be held accountable are all important details a workers' compensation lawyer should address.
Some types of employment are difficult arenas in which to seek workers' compensation. If you work as a real estate broker, taxi driver, domestic servant, railroad employee, or if you were injured while driving a car provided by your employer, filing a claim will be more complicated than most. If you are concerned about the viability of your claim, email P. Clark Kattenburg, P.C., to schedule an appointment at our Fairfax office.
Three Burdens of Proof of Virginia Workers' Compensation
In order to successfully receive workers' compensation in Virginia, a claim must meet three distinct burdens of proof. These criteria are:
- The injury must be an accident
- The injury must arise out of employment
- The injury must occur during the course of employment
These criteria may seem simplistic or even repetitive, but each area is distinct from the other, and the interpretations of these criteria can be complicated. In order to ensure that your filing meets these qualifications and satisfies the burden of proof, it is important that you speak with a lawyer about your case.
Even having an attorney review your application before you submit your claim could be the difference between receiving remuneration and filing an appeal for a denied claim. Appeals are less likely to have a successful outcome than a properly filed claim so it is important to get it right the first time.
Workers' Compensation Appeals
Often when employees file workers' compensation claims on their own, without the advice of an attorney, a number of issues arise regarding administration and burden of proof. Many of our clients have approached the firm after a claim has been denied and wish to appeal the decision. We have had successful results for our clients involving workers' compensation hearings and appeals. If you are considering filing an appeal, we suggest you call our office at 703-349-7505 to schedule an appointment to discuss your case in detail.