What if I don't agree with the amount of my workers' compensation award?
If you do not agree with the amount of workers’ compensation award you have been given in Virginia, then you have a few options. You can file an appeal with the Virginia Workers’ Compensation Commission (VWCC). This appeal can be taken to the full VWCC Board or to a Circuit Court in the county in which the injury occurred. A person who has already been awarded benefits can also file a claim with the VWCC if they believe their injuries have been more severe than originally thought. In order to file an appeal, you must first fill out a VWC Form 17 entitled “Notice of Appeal”. This form should be filled out as soon as possible and sent to the appropriate office and party. Once the Notice of Appeal is received, you will be given a hearing date and time when you will present your side of the case. You should bring any relevant documentation, medical records, and witness testimonies to the hearing to argue your case. The VWCC hearing officer will issue an Opinion and Award after you have presented your case. If you are still unsatisfied with the decision, you may choose to appeal the decision again to the full VWCC Board or to a Circuit Court in the county in which the injury occurred. The appeals process can be lengthy, so you should be prepared for possible delays. Additionally, you may want to consider speaking to an attorney who is experienced in workers’ compensation cases in Virginia in order to get the best outcome for your case.
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