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Virginia Workers’ Compensation Lawyer

Injured on the job?
Don’t go it alone. We can help.

For a system designed to ensure that workers get fair compensation for their injuries, Worker’s Compensation cases sure seem to tilt the other way sometimes.

There are long forms to fill out and tight deadlines to meet, medical evidence to document and the big insurance companies’ team of highly paid attorneys ready to fight you for every nickel.

Should you hire an attorney? As attorneys, we’re a bit biased. But consider this: Montagna Klein Camden attorneys do not get paid unless you win. You have nothing to lose and your livelihood to regain.

If you’ve been injured on the job, or if your worker’s compensation case has already been denied, call us for a free consultation. Our attorneys have successfully represented hundreds of injured workers in Virginia and North Carolina. We also offer years of successful experience in Longshore and Harbor Workers’ Compensation cases.

If you’re not sure whether to appeal a denied claim, or if your employer offered you a settlement that doesn’t cover your medical expenses and lost income, call us.

If you feel you have been retaliated against by your employer for simply filing a worker’s compensation claim, call us. We can help. There is no obligation whatsoever.

During your free consultation, our attorneys can offer strong advice on the merits of your case, and help you understand what kind of compensation you could be receiving, given your injuries, and what you can expect from your employer’s insurance company moving forward.

Remember that employers, insurance companies, and their lawyers have been through this process many times over. Chances are you have not. And they know it.

Don’t let any employer minimize your injuries, pain or suffering, or intimidate you into stepping back from a claim or appeal. The Worker’s Compensation system was created to protect workers like you, not so employers can deny fair compensation to employees injured on the job.

If you do decide to have our attorneys represent you, know that Montagna Klein Camden will fight aggressively for your rights, guide you through the maze of red tape and paperwork and stand up to the big insurance companies. Don’t settle for less. Protect your livelihood and secure your interests with smart, fearless, fully engaged legal representation you can trust.

Contact us or call toll free today at 877-622-8100.

Determining Eligibility For Workers’ Compensation Claims

Our Workers Compensation Attorney here at Montagna Law will do everything in their power and within the confines of the law to get you positive results. However, before this step, there is a need to ascertain whether or not your case falls under the provision of the state’s workers’ compensation law. Determining whether you are eligible to claim damages under workers’ compensation law forms the basis of the legal representation that our Workers Compensation Lawyer offers.

Each new client that comes to us will have access to an initial consultation meeting where we take their case apart piece by piece to better understand it and determine its eligibility. Our workers’ compensation attorney understands that each case is different and unique. This is why we take a personalized approach to handle each new case that comes to us.

On determining the eligibility of your case under Virginia’s Workers’ Compensation Act, these elements must be proven;

That the injury or accident that led to the injury occurred at work or due to the nature of the job that you hold. This, in essence, means that your case is eligible if the injuries you sustained can be linked to repetitive activities performed at work or if you have suffered an accident while on an official assignment.

That the injury was caused by a specific work activity or that it occurred at a specific time. In some cases, injuries may not be readily evident. This does not mean that such injuries do not qualify under the workers’ compensation act. Employees may suffer injuries that may not be evident at first, especially if their job involves repetitive actions.

To better understand the picture, our workers’ compensation attorneys offer legal representation to clients who have suffered illnesses or injuries like:

Aggravated pre-existing conditions
Loss of limb or amputation
Back injuries or spinal injuries,
Exposure to harmful pathogens, bacteria, and others.
Burn injuries and scars
Carpal Tunnel Syndrome; a common effect of repetitive stress injury
Chemical exposure
Dental injuries affecting the mouth and jaw
Eye injury or loss of vision
Head injuries including Traumatic Brain Injury
Chemical exposure
Paraplegia or quadriplegia
Hearing loss
Lung disease or respiratory problems
Paralysis, and others.

Important Information When Claiming Workers’ Compensation

Even with the help of a workers’ compensation attorney, the process of claiming compensation can be complex. This is why our attorneys advise clients on the things they need to know before, during, and after the case. Some of the important things that accident victims need to know include;

There is a Statute of Limitations – A statute of limitation is like an expiry date that has been set for every legal case. For a workers’ compensation claim, your employer must be notified within 30 days of the injury and a claim case must be filed with the Workers’ Compensation Commission within two years of the accident’s occurrence.

There is a Limit to Compensation Claimed – Workers’ compensation is paid weekly and at 66.67% of the victim’s weekly wages. Accident victims are entitled to compensation that is no more than 500 weeks.

Accident Victims Shouldn’t Lose Their Jobs Due to the Claim – accident victims often fear that they may lose their jobs due to an accident injury claim. This shouldn’t be so. The law offers protection against this.

Frequently Asked Questions

Is it Worth Getting a Workers Comp Attorney?

To ensure your rights are protected throughout this complicated process, contact a workers comp attorney to help guide you through these steps. Remember: speaking with an attorney can make a world of difference in minimizing the consequences of your accident or injury. In most states, the law requires that employees who have been injured on the job must be compensated for their injuries. In most cases, however, this process is not as easy as it might seem — especially if you are entitled to benefits and your employer has been negligent.

Can I sue my employer for denying workers comp?

In most cases, employees cannot sue their employers for work-related injuries. … State workers’ compensation laws provide a trade-off: Employers must pay for most employee injuries regardless of fault; but, in exchange, their liability is limited, and they are immune from personal injury lawsuits in most circumstances.

What questions should I ask a workman’s comp lawyer?

Workman’s compensation is a no-fault insurance system for employees who are injured in the course of employment. Some of the questions you should be asking the attorney include:

How long have you been practicing law?
Have you represented clients with injuries similar to mine?
What percentage of your personal injury cases deal with workers’ compensation?
What is your success rate with workers’ compensation cases?

Montagna Law is located on 425 Monticello Ave, Norfolk, VA. From Norfolk International Airport take Airport Rd and Robin Hood Rd to VA-165 S. Then head east on Norview Ave toward Airport Parking Dep Rd and slight right onto Airport Parking Dep Rd. Next, turn right toward Airport Rd and turn right at the 1st cross street onto Airport Rd. After that, continue onto Robin Hood Rd and take E Princess Anne Rd. At this point, take E Virginia Beach Blvd to Monticello Ave and turn left onto VA-165 S. Then turn right onto E Princess Anne Rd and pass by Hardee’s (on the right in 1.6 mi). Next, turn left onto Kenton Ave and turn right at the 1st cross street onto E Virginia Beach Blvd. Finally, pass by Burger King (on the right in 0.8 mi) and turn left onto Monticello Ave. Use the middle lane to turn slightly right to stay on Monticello Ave and Montagna Law will be on the right.

We’re open Monday – Friday: 9:00 AM – 5:00 PM

For additional questions, you can call us at (757) 622-8100 or you can find us on Yelp

Longshore and Harbor Workers’ Compensation

If you’ve suffered an injury while working on the docks or harbor, all you want to think about is getting better. But your health, your family and your livelihood still need to be protected.

Virginia Shipyard Workers’ Compensation Attorneys

As a shipyard worker, you have a very dangerous job. Working in confined spaces with hazardous equipment, you serve a very important purpose: You construct and repair the ships our country’s economy depends on. And now, as the result of an injury or illness caused by your trade, you can no longer do the work that supports your family.

Virginia Workers’ Compensation

If your workers’ compensation claim has been denied, the Virginia Workers’ Compensation lawyers of Montagna Klein Camden can help you negotiate or take your claim to court.

Hearing Loss

If you have lost or seriously damaged your hearing due to the conditions of your maritime work, call the Longshore and Harbor Workers’ Compensation Act attorneys of Montagna Klein Camden to discuss your rights to compensation.

Defense Base Act Attorneys

If you’re injured while working as a civilian contractor for a company supporting the United States military in Iraq, Afghanistan, Kuwait, or elsewhere, you may be entitled to compensation under the Defense Base Act.

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