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How long does workers comp. take after the initial hearing to give a decision to the hurt victim.

Richmond, VA |

i was hurt on the job i messed up my rotor cuff and been out of work for eight months i was seen by four w/c doctors and even went to get a second opinion per w/c and all agreed i need surgery and it was job related asap it has been to long doing nothing, i also have not gotten any monies since the accident on 12/2011 for compensation i do have the paper mailed to me that state my claim for my shoulder was accepted. so after hearing on when will i know the decision. that same day?

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Attorney answers 4


You should immediately consult with an attorney who focuses on representation of Virginia WC claimants, and there are several in the RIchmond area. If your case goes to a hearing, the decsion will be mailed to you, but it is a bad idea to go to a hearing without being represented by a knowledgable and experienced WC attorney.


The nature of the injuries you describe are serious, please do not attempt to handle this matter on your own. If you have waited for more than 7 months to get paid, there is clearly a problem in the file that needs to have a lawyer at the very least look at it and give you some guideance. If you have been to an actual evidentiary hearing before a Deputy Commissioner, and at the conclusion of that hearing the evidentiary record was closed, then you would typically get a decision in writing about 4 - 5 weeks after the close of the record. It can vary by Deputy and vacation scheduleds etc. Regretfully, you do not get a decision that day from the bench,,,,it comes later in writing. This does not mean that you cannot treat for your condition while waiting for a decision.......go talk to a lawyer!! Many Virginia Lawyers who handle claimant's VA. Workers' Compensation Claims will provide you with a free initial consultation...use it. ALSO, please remember, Insurance Carrier provided "Nurse Case Managers" are NOT, NOT, NOT, NOT, your friend....they are there because the insurance company is paying them to be there....consider that when having any contact with them.

Charles W. O'Donnell, Esq.
The Law Offices of Charles W. O'Donnell, P.C
Toll Free: 800-793-2955


The Virginia Workers' Compensation Commission does not issue decisions the same day as the hearing. Depending upon the Deputy Commissioner who heard the case, and depending upon the complexity of the issues being heard, it may take anywhere from weeks to months for a decision to be issued. Generally, I do not expect to see a decision sooner than 4 weeks after the hearing.


Michele Lewane has a great book on Virginia workers compensation cases. It can answer many of your questions.

I've included a link below.