Why my Virginia workers compensation claim does not settle?

Posted over 3 years ago. Applies to Virginia, 42 helpful votes



Your injury may be short term.

If you have an injury like a broken arm or minor strain, you may be out of work 3-6 weeks but if you have no lasting difficulty, why should there be a settlement.


Your claim may be disputed.

If the insurer has defenses to your claim such as no injury by accident, then there may be no settlement offer.


Medicare may prevent a settlement.

In Virginia if you are on Medicare at the time of your settlement of your WC settlement, Medicare will have to approve the settlement. Medicare will want to make sure future medical bills for the injury aren't dumped on Medicare.


The insurer may think it can return you to the work force.

Even though you have an injury, the insurer may think there is a good possibility of returning you to the work force. The insurer will hire a job placement outfit to place you to see if can be done.


Your future medical bills are low.

You may have had a fusion but you are stable and no future medical bills are expected Or, your doctor releases you saying he has no further treatment for you.


You fail to cooperate with job placement or the doctor.

The insurer can cut off compensation in Virginia if you fail to cooperate with job placement or fail to make medical appointments. If the insurer can successfully do this then chances of a settlement are small.


You don't know the value of your case.

You may have had a serious injury. You may have had lots of pain and suffering. You may still have a chronic pain condition. But do you know the value of your claim?

Additional Resources

Virginia WC Lawyer

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