ATTORNEY. What A Workers Compensation Lawyer Can Do For You. By Michele S. Lewane, Attorney at Law

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1 MY ATTORNEY What A Workers Compensation Lawyer Can Do For You By Michele S. Lewane, Attorney at Law Michele S. Lewane Injured Workers Law Firm 7826 Shrader Road Richmond, Virginia (804) ; (877) mlewane@injuredworkerslawfirm.com

2 Michele S. Lewane Injured Workers Law Firm 7826 Shrader Road Richmond, Virginia Phone: (804) Toll Free: (877) Fax: (804) INJURED WORKERS LAW FIRM Copyright 2009 by Michele S. Lewane All rights reserved. No part of this report may be reproduced, stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or other-wise without written permission from the author. Printed in the United States of America. Page 2

3 MY ATTORNEY WHAT A WORKERS COMPENSATION LAWYER CAN DO FOR YOU. I can t speak for every workers compensation attorney, but I can tell you what I do for my own clients in any given case: Educate and teach clients about workers compensation claims. Educate and teach clients about the administrative process Gather written records and documents to support the claim, including medical reports, and employment records. Perform investigation of the client s claim, including gathering witness statements, photographs, diagrams, and any physical evidence. Analyze the client s case to see if there is any other claim to be made such as a third party claim, social security disability claim, or product liability claim. Confer with the client s medical doctors and other healthcare providers to fully understand client s condition. Obtain specific reports from experts to support the client s claim if necessary. Analyze any pertinent legal issues that may affect client s case like arising out of employment, in the course of employment, etc. File necessary claim forms to include the Claim for Benefits Form with the Virginia Workers Compensation Commission. Analyze client s own health insurance or disability benefit plan to ascertain whether any money they spent must be repaid. Analyze and address any liens asserted against the client s settlement recovery (various healthcare providers, insurers, or governmental agencies may file liens seeking to be repaid money for benefits already paid to or on behalf of the client). Analyze how Social Security Disability and Medicare may affect your case. Contact the insurance company about the claim and conduct periodic discussions with the carrier or defense attorney about your case. Conduct negotiations with the insurance adjustor in an effort to settle the claim. Draft settlement documents. If your case is contested, then prepare and draft the summons and Request For Hearing to file with the Virginia Workers Compensation Commission. Perform investigations to locate any statutory employers. Prepare and draft written questions for information of documents from the other side (called interrogatories and requests for production). Page 3

4 Prepare the client for his or her deposition. Prepare for and conduct the deposition of the employer, physicians, and other lay witnesses. Prepare the client for his or her medical examination by the defendant s medical experts. Prepare client for his/her functional capacity evaluation. Answer questions and produce information and records requested by the other side. Review and analyze the client s medical records and billings. Hire other necessary experts to support or prove the client s claim, including other physicians, economists, engineers, vocational experts, etc. Review and analyze experts reports about the client s case. File the necessary documents with the Virginia Workers Compensation Commission, including medical records. Prepare the client and other witnesses for trial. Create and prepare exhibits for trial. Organize records and other documentary evidence intended to be introduced at trial. Create a medical designation. Prepare for mediation by organizing records and other documents for submission to the mediator or arbitrator. Research and write briefs; file motions. Try the case before an administrative judge. Analyze opinion and research any issues that occurred at the hearing. Write briefs or motions following the opinion to obtain any posthearing relief. Analyze hearing record to determine if appeal is warranted. Research and write briefs and motions if appeal is filed. Page 4

5 ABOUT THE AUTHOR MICHELE S. LEWANE A graduate of the University of Virginia and the University of Richmond, T.C. Williams School of Law, Michele Lewane has been representing injured workers against insurance companies since In 2008, after over eighteen years in business as a partner of the law firm of Hubard, Samuels, and Lewane, P.C., Attorney Michele S. Lewane, Esquire left the firm to start a new practice, Injured Workers Law Firm, with its focus on the legal representation of injured Virginia workers. The most important aspect of my job is to inform my clients of their rights and responsibilities. I handle the full range of assistance needed for my injured clients from contested death cases to getting a small prescription paid. The Injured Workers' Law Firm represents clients throughout the Commonwealth of Virginia. Injured Workers Law Firm is located at 7826 Shrader Road, Richmond, Virginia 23294, in the office complex of Shrader Commons, located next to Advanced Orthopedic Clinic. Michele S. Lewane has published a survival guide for anyone who is hurt on the job in Virginia: The Ultimate Guide to Workers Compensation in Virginia: Everything You Need to Know if You Get Hurt on the Job. This comprehensive legal book explains the laws related to worker s compensation in easy-to-understand language and guides readers through how to deal with doctors, nurse case managers, and vocational rehabilitation counselors. Anyone in the unfortunate position of dealing with a work-related injury, or that of a loved one, could benefit from the wealth of knowledge in these pages. Additionally, it s a helpful for any Virginia employee to understand worker s compensation laws before an injury occurs. Ms. Lewane has lectured and written about various areas of the law, including Workers Compensation seminars for other lawyers. She is a member of many professional organizations, including the Virginia Trial Lawyer s Association. Ms. Lewane is a native Richmonder, with deep connections in this community. For more information, contact the Injured Workers Law Firm at (804) or visit the firm s website at Page 5