Many claimants are confused when their Virginia Workers’ Compensation claim is denied. They need to draw a distinction between a denial by the insurance company and a denial by the Virginia Workers’ Compensation Commission.

First, most employers have obtained workers’ compensation insurance to cover claims of injured workers. So, when a worker makes a claim it is submitted to the insurer for review. If the employer is self-insured, then it goes to a claims administrator in most cases. If you are an employee of the state of Virginia, it goes to their risk administrator. This is not a denial of the claim.

Second, it your claim was denied by the Commission this could only have happened after a hearing. Usually, this means you will have been sent a written decision and you will have 30 days to appeal. For more information, look at Appealing a Appealing A Virginia Workers’ Compensation Denial.