Legal Question in Workers Comp in Virginia
Legal malpractice
My attorneys forgot to reschedule my workmans comp. hearing and thus i didn't show nor did they and my case was dismissed by the commissioner. what are my legal recourses, and do you think they will reopen my case?
1 Answer from Attorneys
Re: Legal malpractice
In Virginia for a Virginia Workers Compensation Claim, the rule is a claim for benefits must be filed with the Va Workers Compensation Commission within two years of the date of your accident. Normally, if you fail to show for a hearing, you can re file the claim. The Hearing Commissioner will normally dismiss without prejudice when there is a failure to show. This means the claim can be re filed within two years of the date of the accident. I would get new attorneys. Call The Commission for more details at 804-367-3600.
Gerald G. Lutkenhaus
804-358-4766 or 800-256-8862
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