Lawyer Monthly - August 2024

What will a Virginia Workers Compensation lawyer do for me and what should I expect? The role of a workers’ compensation lawyer is to listen to the client’s needs, educate the client on the law and advocate for the client’s interests. Because every case is different, there is no single approach that works for every case. One case may require immediate litigation and might only be resolvable by a judge. Another client might be fearful of going to court and confronting his or her employer, which could lend itself to mediation or another form of alternative dispute resolution. Only by listening to the client’s needs will the lawyer be able to best handle each case. Furthermore, because many laws are written in a manner difficult for non lawyers to understand, it is the job of the lawyer to explain this to the client so they comprehend it. Once the client and the lawyer agree on the best strategy, it is the lawyer’s job to implement this strategy: to advocate for the client to achieve a successful result. Do you have a particular style or approach – what are the essential ingredients of a healthy and effective lawyer client relationship? Our firm’s approach is best described as compassionate advocacy. What often makes a business stand out from its competitors is the way they treat and care for their customers. A law firm is no exception. Injured persons do not want to be treated like they are a number, or valued according to what their case is worth. We provide the same customer service to our clients regardless of the severity of their injury or the size of their claim. We take care of clients, not cases, and believe that this approach has made Ackerman & Falcon one of the top firms in our field.

What can I do if my workers compensation claim is denied in Virginia? Call an attorney as soon as possible for a consultation. Many injured workers hesitate to consult with a lawyer and lose valuable benefits as a result. Most workers’ compensation attorneys in Virginia offer a free initial consultation which is completely confidential. The attorney will advise you on what steps to take to protect your rights, and you can decide whether hiring an attorney is the right step to take. Should I hire a workers’ comp attorney, or can I handle my own case? Not all injured workers need an attorney. I speak to many potential clients where the employer/insurer is paying for their medical care and their wage loss following their injury. They ask me what else I can get for them, and I tell them candidly: nothing. You are receiving all the benefits you are currently entitled to. However,

if your case has been denied, you very well may need to hire an attorney. The reality is that most individuals do not understand the complexities of legal pleadings, deadlines and the burden of proof. An attorney is trained to handle these types of cases, and they will be responsible for making sure you meet the requirements of Virginia law. The moment any complexity arises in your case is the moment you should hire an attorney. What are some examples of situations that call for a lawyer’s intervention? Certainly, if you are notified your case has been denied you should consult with an attorney. Other red flags that may call for a lawyer to intervene are if the insurance company wants to take a statement from the injured worker or want the worker to respond to written questions. Lastly, if you receive a letter telling you your case is scheduled for a hearing do not hesitate to contact a workers’ compensation lawyer.

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