WHEN MUST I FILE MY VIRGINIA WORKERS COMPENSATION CLAIM?

An employee is obligated to file a claim for an industrial accident within two years from the date of the accident.  A claim for an accident that occurs on March 9, 2005 must be filed with Commission by March 9, 2007, or the right to benefits under the claim is completely and irrevocably lost.  Moreover, a claim has not been considered to be filed with the Virginia Workers’ Compensation Commission until a blue colored “Claim for Benefits” form, signed by the claimant, has been submitted to the VWC at their 1000 DMV Drive, Richmond, VA 23220 address.  Even if your employer is paying benefits for you, even if they say they have “taken care of” your claim, unless you have signed this particular form, and the form has been submitted to the Commission and a claim number assigned by the Commission, no claim has been filed.  This warning extends to those situations where a “First Report of Accident” that the employer is obliged to submit to the Commission has been filed.  Without the submission of the blue “Claim for Benefits” form to the Commission, your claim is in danger of a premature death.  Don’t let this happen to you!

With certain exceptions, a claim for an occupational disease must be filed within two years of the date a doctor advises the claimant that the disease is work related, or five years from the date the employee was last exposed to the work condition causing the disease, whichever is sooner.

Synopsis:

1. The law requires the injured Virginia workers to file a written Worker's Compensation claim with the workers compensation commission for the injury. This is the full responsibilty of the Virginia injured worker.

The filing may not be necessary if the insurer or employer agrees to pay the claim by agreeing to file the proper paperwork; however, the responsibility to file belongs to the injured worker.

2. In the case of an injury, the claim must be filed with the Virginia Workers Compensation Commission within two (2) years of the date of the accident.

3. In the case of a disease, the claim must be filed within two (2) years of the date of diagnosis. Diagnosis and knowledge of illness are core issues which do require experienced Workers' Compensation attorneys.