Why Was My Virginia Workers’ Compensation Claim Denied?

 Posted on August 28, 2025 in Workers' Compensation

A workers’ compensation denial can feel like a second injury. It can leave you wondering how you will cover medical costs and survive with the loss of income. The good news is that a denial is not always final. You still have a path to correct errors, and the first step is to speak with an experienced Northern Virginia workers’ compensation attorney.

Common Reasons Workers’ Comp Claims Are Denied in Virginia

The most common reasons Virginia workers’ comp claims are denied include:

• Delayed reporting: Virginia Code § 65.2 600 requires notice as soon as practicable and no later than thirty days.

• Failure to file in time: A Claim for Benefits must be filed within two years of the accident, as required by § 65.2 601.

• Disputes about the cause of injury: Insurers are known to argue that an injury did not happen at or because of an employee’s work.

• Prior condition blamed: Adjusters may point to a prior medical problem and argue that the work event was not the true cause of the symptoms.

• Willful misconduct or intoxication: Employers may argue willful misconduct or intoxication if you broke a safety rule or refused a safety device.

• Medical treatment problems: Treatment issues can also trigger a denial when the worker does not choose from the employer panel, misses appointments, or does not follow restrictions.

What Can You Do if Your Workers’ Comp Claim is Denied in Virginia?

When you get a denial letter, read it carefully. Note what the insurer is disputing, then start filling the gaps. File a Claim for Benefits with the Virginia Workers Compensation Commission before the two-year deadline. Pull together any evidence that supports your story, including the incident report, texts or emails that show you told a supervisor on time, names of any witnesses, and medical notes that connect your injury to the accident at work.

If the dispute continues, ask for an evidentiary hearing so a Deputy Commissioner can hear from you, your coworkers, and your doctor. Seek treatment from a panel physician if one was offered, follow your restrictions, and request clear work status notes. If you are on light duty and your employer has no suitable position available to offer, keep a weekly job search log and save your applications and replies. Be careful with what you post on social media and talk to a knowledgeable workers’ compensation attorney.

How Can a Workers’ Compensation Attorney Help With Your Case?

An experienced lawyer can spot what is missing and fix it. They will gather medical opinions that connect your condition to the accident, prepare you and your witnesses for testimony, and challenge medical reports that contradict your claims.

Your attorney also handles filings and deadlines to ensure you are not denied compensation because of a technical issue. If the insurer claims you demonstrated willful misconduct or violated a safety rule, your lawyer can contest the facts and present the correct legal standards to the Commission. If the case settles, your lawyer can estimate future medical costs, handle any Medicare arrangements, and negotiate terms that protect you.

Contact a Prince William County, VA Workers’ Compensation Attorney Today

If your Virginia workers’ comp claim was denied, our team can help you move forward. At Parthemos, Curran, Buelow and Polizzi, PLLC, we offer aggressive, personal representation and will not accept cases we are not willing to fight for in court. Our Northern Virginia workers’ compensation lawyers bring more than 120 years of combined experience to every matter. We take on complex cases that other firms will not, and we pride ourselves on keeping communication clear and consistent. Call 540-662-4222 today to schedule a free consultation and get practical guidance on medical care, wage loss, and the next steps to protect your benefits.