If your compensation claim was denied by Virginia Workers’ Compensation, then as an injured worker there are some questions you should ask about your claim being denied. The letter from the insurance company will usually say that your workplace injury and accident is “not compensable” under the Virginia Workers’ Compensation Law. You need to ask yourself the following questions:

1. Was it a specific accident or was it a problem that came on gradually (such as tendinitis)?

2. Did you report it to a supervisor immediately and was an Accident Report filed on the day of the accident or at least within two to three days after the accident?

3. Did you go to a doctor or emergency room right away that day or at least the next day?

4. If you slipped and fell at work, do you know what caused the fall, such as water on the floor, slippery carpet, etc.?

5. Was there a witness who can confirm your accident and is willing to come forward?

6. Were you under the influence of any drugs such as marijuana, cocaine or alcohol at the time of your accident (many employers will drug test an injured employee)?

7. Were you carrying out a work activity at the time of the accident or were you on a personal mission or errand?

8. Were you the victim of horseplay by a co-worker?

9. Were you the victim of a personal assault by a co-worker or someone other than your job?

10. Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?

11. Did your injury occur as a result of a fight with a co-worker or your boss?

12. If you fell on the stairs, did you slip as a result of poor lighting, water on the stairs, other substances on the stairs, poor carpet, etc.?

If your denial involves any of the above circumstances, then you should not talk to the insurance company, but should speak to an attorney who specializes in Virginia Workers’ Compensation right away. You can check out my article, “How to Choose the Best Virginia Workers’ Compensation Lawyer.” Knowledge of your problem is your best weapon.

Copyright© 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing attorneys in Virginia. This note is designed for general information only. The information presented in this note should not be construed as formal legal advice or the formation of an attorney/client relationship.