What if the adjuster says my case is closed?

Do not be discouraged if you have been told by a workers’ comp claims adjuster that your “case is closed.”  The truth is, they may consider your case closed, but the law says otherwise.  If you have a medical award in Virginia (check with the Virginia Workers’ Compensation Commission in Richmond if you are not sure), your case is not closed unless you previously settled your case.  You do not need to “re-open” your case because IT WAS NEVER CLOSED!  Just because some adjuster “closed your file” does not mean you do not have a lifetime medical award anymore.

Many times, injured workers may go several months or longer without receiving medical care for their injuries.  This does not mean that your case is closed. You have a right to continued treatment.  While it is best to contact an experienced workers’ compensation lawyer for help in fighting back, you can reach out to the Virginia Workers’ Compensation Commission in Richmond by website at https://workcomp.virginia.gov/, or by phone at 877-664-2566.  Tell them you want a court hearing.  Put it in writing.  Get your past medical records and send them in.  Don’t stop fighting.  There’s a saying I like to pass on to my clients, “the squeaky wheel gets the grease!”  Be the squeaky wheel…


The statements contained here are for general information purposes only. This information is not specific legal advice to your situation. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult directly with an attorney for legal advice.


To learn more about the Law Office of Darren Shoen and its services, visit shoenlaw.com.

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