How is a workers' compensation claim reviewed?

In Virginia, when a worker makes a workers’ compensation claim, the claim is reviewed according to the laws set forth in the Virginia Workers’ Compensation Act. A workers’ compensation claim is reviewed by the Virginia Workers’ Compensation Commission to determine if the worker is eligible to receive compensation and, if so, how much compensation the worker should receive. The first step in the process is for the worker to file a claim with the Commission. The claim must include all relevant information regarding the injury or illness suffered, including the date and type of injury, the medical treatment received, and the amounts and types of wages lost by the worker. The Commission will then review the claim and may request additional information from the worker. The Commission will then analyze the information to determine if the worker is eligible for workers’ compensation. During this review process, the Commission will consider several factors including the cause of the injury, the costs associated with medical treatment, and the extent to which the injury or illness has affected the worker’s ability to work. If the Commission decides the worker is eligible for compensation, the Commission will decide the amount of compensation to be received by the worker. The Commission will also determine the duration of the benefit payments, as well as any payments for medical expenses. If the worker disagrees with the decision of the Commission, they may appeal the decision. The appeal must be made in writing and must be made within 30 days of the decision being made. The appeal will then be heard in front of a three-member panel of the Commission. After the hearing, the panel will make a decision on the appeal and the worker may be awarded workers’ compensation benefits.

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How is a workers' compensation claim reviewed?

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