Critical Steps to Take First – WE ALWAYS RECOMMEND SPEAKING WITH A WORKERS’ COMPENSATION ATTORNEY AS SOON AS IS POSSIBLE FOLLOWING A WORK ACCIDENT. You must remember that filing a workers’ compensation may cause your employer’s insurance rate to increase. Consequently, some employers have a vested interested in shutting down a workers’ compensation claim before one is filed. If you find yourself not calling a workers’ compensation attorney immediately after your work accident—ensure you have handled these critical legal and medical steps required by the Virginia Workers' Compensation Commission: A. Report the Injury to Your Employer: You must notify your employer about the accident as soon as possible to preserve your right to benefits. We recommend creating a paper trail, when reporting. Confirm it in an email or text to your employer, so your employer cannot deny you ever reported the accident. B. Request a Physician Panel: In Virginia, your employer is legally required to provide you with a panel of at least three medical providers to choose from for your ongoing care. C. Seek Medical Attention: Go to an emergency care facility or panel doctor immediately. Explicitly state that your injury occurred at work so it is properly documented in your medical records. D. File a claim for benefits with the VA Workers’ Compensation Commission as soon as is possible. Filing a claim with your employer’s insurance company IS NOT THE SAME THING as filing a claim with the VA Workers’ Compensation Commission. The later, filing the claim with the Commission, is what will determine your legal rights.

First, WHILE THE COMMISSION WILL ALLOW AN INJURED WORKER TO REPRESENT THEMSELVES (A PRO SE CLAIMANT) – it highly recommended that an injured worker has their own attorney well before a hearing begins. The insurance company will have their own attorney, you can rest assured, and an injured worker should have theirs to assist with navigating the complex intricacies of a hearing. What is a hearing? A hearing is scheduled because there is a legal dispute regarding your claim that you and the insurance company cannot resolve on your own. It means the employer or their insurance carrier has denied all or a specific part of your claim—such as your eligibility for benefits, wage amounts, or specific medical treatments—requiring the Virginia Workers’ Compensation Commission (WCC) to step in and make a formal decision. Here is what you need to know about why this is happening and what to expect on the day of your hearing. Why Do I Have a Hearing? When you file a claim and the insurance carrier refuses to pay, the case is referred to the hearing docket. A Deputy Commissioner (who acts as the administrative judge) is assigned to review the facts and resolve the dispute, an evidentiary hearing (a formal, in-person or virtual proceeding where testimony is taken) is scheduled. What to Expect at an Evidentiary Hearing If you have a formal evidentiary hearing scheduled, it functions like a "mini trial" but is generally less strict than regular courtroom trials.

• • The Setup: There is no jury. The hearing is presided over by the Deputy Commissioner, and a court official will record or transcribe the proceeding. You, your attorney (if you have one), and the insurance company's defense lawyer will all be present.
  • The Timeframe: While standard slots are often blocked out briefly, the hearing itself will last for 30 minutes. If the parties advise the Commission multiple witnesses will be called, a hearing can be extended to up to two or more hours if needed.
  • Your Testimony: You will be placed under oath to tell the truth. Your attorney will ask you direct questions about how the injury happened, your current medical symptoms, your limitations, and your employment history. Afterward, the insurance company’s lawyer has the right to cross-examine you.
  • Relaxed Rules of Evidence: All medical records, doctor statements, and work slips, are submitted before the hearing begins, while other evidence—work search logs for example—are usually introduced into evidence during the course of the hearing. Unless the Commission is notified in advance, the Deputy Commissioner will typically not accept new medical documents after the record closes. Live doctors rarely testify; their opinions are submitted via written reports or pre-hearing depositions.
  • Witnesses: If you have coworkers or bystanders who saw the accident, they must testify live and in person or arrangements must be made to take a witness’ de bene esse deposition ahead of the hearing, with the transcript being entered into evidence before the hearing begins. Written letters from witnesses are not allowed.

When Will You Get a Decision? The Deputy Commissioner will not give you a decision on the day of the hearing. Instead, they will review the transcribed testimony, medical records, and other evidence before mailing a written Judicial Opinion to both sides. The Commission strives to have hearing decisions out within 21 days, but it can take longer. If either side disagrees with the decision, it can be appealed to the Full Commission within 30 days of the decision.

Your employer cannot legally fire you for reporting a workplace accident or filing a valid workers' compensation claim. That is illegal retaliation under Virginia law. But Virginia is an at-will employment state, so being under a doctor's care does not protect your job: an employer can still let you go for other legitimate reasons, such as having no light duty work that fits your restrictions. Being fired doesn't automatically end your benefits.

Read more: Can I Be Fired for Filing a Workers' Comp Claim in Virginia?

This is the first error many injured workers make by simply accepting the doctor their employer or insurance adjuster wants them to see.

The unfortunate truth is that not are all doctors are equal; some are better for an injured worker than another, and some are more insurance company friendly. The Workers’ Compensation Commission recognizes this and as a result the prevailing law is that “an employer or insurance company” cannot medically manage an injured workers’ medical care.

The “rub,” however, is that once treatment from a physician is accepted—regardless of how an injured worker gets there—and a treating relationship has been established (in many cases this may occur in just a couple of visits) the Workers’ Compensation Commission then recognizes that physician as the authorized treating physician. The authorized treating physician enjoys a very special status with the Workers’ Compensation Commission. This becomes the sole doctor--and any referrals that doctor makes--whose medical treatment the insurance carrier must make payment.

In most cases, the opinion of the authorized treating physician also is given the most amount of weight when the Commission decides a case. Often the outcome of a case hinges upon their opinion. While a change in treating physician is possible, it is in most cases very difficult without the insurance adjuster’s consent. For this reason, the choice of treating physician is a very important decision, and it should only be made after careful contemplation of which doctor is the best for an injured worker.

To combat being sent to a physician “friendly” to the insurance company, the Workers’ Compensation Commission requires that if medical care is authorized by the employer or insurance company that an injured worker be provided with a panel of 3 doctors from which to choose. A valid panel must be comprised of doctors from different practices, who are specialists in the field of the injury, and are within a reasonable distance from the home of the injured worker. If medical care for your injury has been authorized, it is the responsibility of the injured worker to request a medical panel and not simply accept the doctor his or her employer wishes that worker to see.

This also applies to any referrals an authorized treating physician makes. If a referral does not direct an injured worker to a specific provider, the insurance carrier must provide a valid panel to the injured worker from which to choose.

If, however, the claim has been denied or insurance company refuses to issue a panel of medical providers, the injured worker is free to choose any doctor as their authorized treating physician. If the insurer then refuses to pay for those medical visits, reimbursement of medical expenditures related to the work place accident and injury can be pursued before the Commission.

The short answer is, “yes.” In fact, J. Aaron Thomas has recovered several million dollars in combined settlement money for his clients over the course of his career. In the event an injured worker is interested in settling their case, Thomas & Thomas will conduct a settlement analysis of the case and will discuss with the injured worker what a settlement demand might look like. If the injured worker agrees with the proposed settlement demand, Thomas & Thomas will then work on obtaining the maximum settlement value for the injured worker. It is important to remember that being interested in settling a case does not obligate an injured worker to settle. It only means that if the insurance adjuster offers an amount that is pleasing to the injured worker the case can then settle. If the offered amount never arises to the level that satisfies the injured worker, the injured worker simply says, “no thank you,” and the case proceeds along its natural course. If Thomas & Thomas, however, is successful in settling the case, the Workers’ Compensation Commission provides 20% of the lump sum settlement to Thomas & Thomas. This is an excellent value, as personal injury attorneys routinely receive 33.3% of any settlement money they recover.

Often, yes. The choice of where to file belongs to you, not your employer, and an employment contract can't take away Virginia jurisdiction when Virginia law provides it. If you were hurt in Virginia, or your job is rooted here (hired here, with an employer that has a place of business here), you may have a Virginia claim even for an out-of-state accident. When more than one state has jurisdiction, you can often pick the state with better benefits.

Read more: Hurt Out of State? When You Can File for Virginia Workers' Comp

A Virginia Workers' Compensation Full and Final Mediation is a voluntary, confidential, and free dispute resolution process where the injured worker and the employer (or insurance carrier) attempt to permanently resolve the entire workers' compensation claim in exchange for a lump-sum settlement. Facilitated by the Virginia Workers' Compensation Commission's Alternative Dispute Resolution (ADR) department. If a settlement reached, the final settlement Order, generally speaking, closes the case forever. By accepting a full and final settlement, and having the Commission enter the settlement Order, the injured worker gives up all future rights to benefits, including lifetime medical coverage and wage loss payments, in exchange for the agreed-upon payout. Characteristics of Full and Final Mediation

• • Mandatory Legal Representation: Unlike standard "Issue Mediations" (which resolve smaller, isolated disputes), the Commission strictly requires the injured worker to be represented by an attorney to participate in a Full and Final Mediation.
  • Voluntary and Non-Binding: No one can force either party to mediate or accept a settlement. If the parties cannot reach a mutually agreeable dollar amount, the worker retains their full right to an official judicial hearing.
  • Structure and Duration: These sessions are typically scheduled for 3 hours and are led by a trained, neutral Commission mediator. The mediator does not judge the case or force a decision but rather helps both sides negotiate.
  • Final Approval: If an agreement is reached, it must be drafted into a written compromise settlement agreement and formally submitted to the Commission for final approval before it becomes legally binding.